Atkinson v. Colorado Title & Trust Co.
Supreme Court of Colorado
Error to El Paso District Court. Hon. J. W. Sheafor, Judge. Statement of the Case: J. W. Atkinson, Schwingel & McCandlish, and the Trussed Concrete Steel Company, each brought an action against the Star & Crescent Building Company to foreclose mechanics’ liens for labor and material furnished towards the construction of a creamery and storage building, the erection of which never proceeded further than making the basement excavation, and putting in reenforced concrete…
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Error to El Paso District Court. Hon. J. W. Sheafor, Judge. Statement of the Case: J. W. Atkinson, Schwingel & McCandlish, and the Trussed Concrete Steel Company, each brought an action against the Star & Crescent Building Company to foreclose mechanics’ liens for labor and material furnished towards the construction of a creamery and storage building, the erection of which never proceeded further than making the basement excavation, and putting in reenforced concrete footings, basement walls to grade line, and foundations for machinery. For the purposes of trial these mechanics’ lien suits…
1Opinion of the CourtGarrigues, J.
(After stating the facts as above.)
1. The main principle involved, is whether the bonds sold by Pease are binding obligations of the Building Company. It is claimed by the mechanics’ lien claimants that they art not, and that the bond holders should recover nothing, because Pease, as their agent, paid the money to a third party without authority; therefore the judgment and decree are erroneous, leaving the mechanics’ liens superior liens on the property. The Steel Company contends it is entitled to a personal judgment against both Atkinson and the Building Company, and to a lien superior to…
2Cases cited9 opinions
- Hotchkiss v. National BanksSupreme Court of the United States · 1875
- Martin v. Niagara Falls Paper Manufacturing Co.New York Court of Appeals · 1890
- Railroad Co. v. SpragueSupreme Court of the United States · 1881
- Peoria & Springfield Railroad v. ThompsonIllinois Supreme Court · 1882
- Joralmon v. McPheeSupreme Court of Colorado · 1903
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Ragsdale Bros. Roofing, Inc. v. United Bank of Denver, N.A.Colorado Court of Appeals · 1987
- Kobayashi v. Meehleis Steel Co.Colorado Court of Appeals · 1970
- Howard v. FisherSupreme Court of Colorado · 1929
- American Fac. Assoc., Ltd. v. Triangle Heat. & Sm Co.Colorado Court of Appeals · 1972
- Boise-Payette Lumber Co. v. LongwedelSupreme Court of Colorado · 1930
5 more not listed; retrieve them via the Exa API.