Steltz v. Armory Co.
Idaho Supreme Court
APPEAL from the District Court of the Second Judicial District, for the County of Latah. Hon. Edgar C. Steele, Judge. Action by the plaintiff to foreclose a mechanic’s lien. Answer by defendant claiming damages for breach of the contract. Judgment for plaintiff and a setoff allowed in favor of defendant. Both parties appeal.
Read the full summary
APPEAL from the District Court of the Second Judicial District, for the County of Latah. Hon. Edgar C. Steele, Judge. Action by the plaintiff to foreclose a mechanic’s lien. Answer by defendant claiming damages for breach of the contract. Judgment for plaintiff and a setoff allowed in favor of defendant. Both parties appeal. “A cause of action arising out of the transactions set forth in the complaint as the foundation of the plaintiff’s claim or connected therewith in favor of the defendant, must, to avail such defendant, be set forth in the answer as a counterclaim. ’ ’ (Stevens v. Home…
1Opinion of the CourtAilshie, C. J.
This action was instituted by the plaintiff for the foreclosure of a mechanic’s lien. Plaintiff entered into a contract with the defendant corporation to furnish the material and construct an armory building in the city of Genesee. Plans and specifications were adopted, the price and terms of payment were agreed upon, and the building was *554erected. The company went into possession of the building and continued to use it for some six weeks, at which time an unusual windstorm occurred and blew down the front of the building. The company declined to pay the contractor, whereupon he filed his lien…
2Cases cited9 opinions
- Hanley v. WalkerMichigan Supreme Court · 1890
- Baker v. Estate of McLeodWisconsin Supreme Court · 1891
- Stevens v. Home Savings & Loan Ass'nIdaho Supreme Court · 1898
- United States v. WalshCourt of Appeals for the Second Circuit · 1902
- Bell v. TeagueSupreme Court of Alabama · 1887
4 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Guyman v. AndersonIdaho Supreme Court · 1954
- Weck v. Reno Traction Co.Nevada Supreme Court · 1915
- Wing v. HuletIdaho Court of Appeals · 1984
- Weed v. Idaho Copper Co.Idaho Supreme Court · 1932
- Franklin Building Supply Co. v. SumpterIdaho Supreme Court · 2004
10 more not listed; retrieve them via the Exa API.