Sanders v. Keller
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District in and for Ada County. Hon. Fremont Wood, Judge. Action by the plaintiff to foreclose a materialman’s lien. Judgment for defendant and plaintiff appealed. A covenant against liens must be an expressed covenant, or must arise as a necessary implication from the language employed. (Miles v. Coutts, 20 Mont. 47, 49 Pae. 393; Nice v. Walker, 153 Pa. 123, 34 Am. St. 688, 25 Atl. 1065; Aste ■v. Wilson, 14 Colo.
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APPEAL from the District Court of the Third Judicial District in and for Ada County. Hon. Fremont Wood, Judge. Action by the plaintiff to foreclose a materialman’s lien. Judgment for defendant and plaintiff appealed. A covenant against liens must be an expressed covenant, or must arise as a necessary implication from the language employed. (Miles v. Coutts, 20 Mont. 47, 49 Pae. 393; Nice v. Walker, 153 Pa. 123, 34 Am. St. 688, 25 Atl. 1065; Aste ■v. Wilson, 14 Colo. App. 323, 59 Pac. 846; Blyth v. Torre (Cal.), 38 Pac. 640.) If the bond is void from the beginning, or has been discharged by…
1Opinion of the CourtAilshie, J.
This action was instituted to foreclose a materialman’s lien. A contract was entered into between J. W. Brown and the respondent, Minnie Keller, whereby Brown agreed to furnish all material and construct and complete a dwelling-house according to the draft thereto annexed. The draft annexed to the contract was a drawing and diagram of the floor plan of a dwelling-house, showing the dimensions of the various rooms, doors, windows, etc. In addition to being signed by Brown and Keller, the contract was also signed by W. T. Sanders, the appellant, and one N. H. Hon. No mention was made of the…
2Cases cited12 opinions
- Beers v. WolfSupreme Court of Missouri · 1893
- Stephens v. ElverWisconsin Supreme Court · 1898
- Zeller v. JordanCalifornia Supreme Court · 1894
- City of New Haven v. National Steam Economizer Co.Supreme Court of Connecticut · 1907
- Neil v. MorganIllinois Supreme Court · 1862
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3Cited by3 opinions
- Scovill Manufacturing Co. v. CassidyIllinois Supreme Court · 1916
- Smith v. EasterSupreme Court of Kansas · 1917
- Sturgell v. Grand Union Tea Co.Ohio Court of Appeals · 1920