Robertson v. Moore
Idaho Supreme Court
APPEAL from the District Court of Idaho County. Honorable Edgar C. Steele, Judge. Action to foreclose laborer’s lien. Judgment for the plaintiff from which defendants appeal. Where the claimant alleges an implied contract in his notice of lien and in his complaint, and the evidence shows an express contract, it is a material variance and the plaintiff is not entitled to recover. (Wilson v. Hind, 113 Cal. 357, 45 Pae. 695; Fischer v. Hanna, 8 Colo.
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APPEAL from the District Court of Idaho County. Honorable Edgar C. Steele, Judge. Action to foreclose laborer’s lien. Judgment for the plaintiff from which defendants appeal. Where the claimant alleges an implied contract in his notice of lien and in his complaint, and the evidence shows an express contract, it is a material variance and the plaintiff is not entitled to recover. (Wilson v. Hind, 113 Cal. 357, 45 Pae. 695; Fischer v. Hanna, 8 Colo. App. 471, 47 Pac. 303.) Where defendants demand a trial by jury, the court has no jurisdiction to render a personal judgment against them in case…
1Opinion of the Court
STOCKSLAGER, J. —
This cause was tried in the district court of Idaho county; judgment was in favor of the plaintiff, from which and an order overruling a motion for a new trial the appeal was taken. A demurrer was sustained- to the first and fourth causes of action and overruled as to the second and third set out in the complaint; thereafter a motion was submitted to the court to strike out of the complaint all of the *118second and third causes of action, designated as paragraphs 5, % 8, and 9; also all of paragraph 7 except the following words: “Plaintiff avers that the sum of $625.25 and no…
2Cases cited2 opinions
- Christensen v. HollingsworthIdaho Supreme Court · 1898
- Thompson v. Wise Boy Mining & Milling Co.Idaho Supreme Court · 1903
3Cited by24 opinions
- Lanning v. SpragueIdaho Supreme Court · 1951
- Young v. VailNew Mexico Supreme Court · 1924
- Dover Lumber Co. v. CaseIdaho Supreme Court · 1918
- Rankin v. CaldwellIdaho Supreme Court · 1908
- Guyman v. AndersonIdaho Supreme Court · 1954
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