Ryan v. Curlew Irrigation & Reservoir Co.
Utah Supreme Court
Appeal from District Court, First District; Hon. W. W. Maugham,, Judge. Action by Edward Ryan against the Curlew Irrigation and Reservoir Company. Judgment for defendant. Plaintiff appealed. RESPONDENT’’S POINTS.
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Appeal from District Court, First District; Hon. W. W. Maugham,, Judge. Action by Edward Ryan against the Curlew Irrigation and Reservoir Company. Judgment for defendant. Plaintiff appealed. RESPONDENT’’S POINTS. The owner of the real property who has employed another to erect a structure on his land does not, by taking possession and applying the structure to the uses for which it was ■built preclude himself from insisting that the builder has not properly fulfilled his contract. The results cannot be separated from the necessary consequences of ownership and as he cannot without prejudice…
1Opinion of the Court
FRICK, I.
On the 20th day of June, 1905, appellant and respondent entered into a contract by the terms of which appellant agreed to construct and complete a certain dam in Box Elder county, Utah, for the respondent. The contract, among other provisions, contained the following:
“The party of the second part [appellant] hereby undertakes and agrees to furnish the necessary labor and materials, including tools, implements and appliances, required, and to build and complete in a workmanlike manner an earthen dam and concrete tunnel across the creek mentioned above for the party of the first part…
2Cases cited5 opinions
- Glacius v. . BlackNew York Court of Appeals · 1872
- United States v. WalshCourt of Appeals for the Second Circuit · 1902
- Cannon v. HuntSupreme Court of Georgia · 1901
- Fitzgerald v. . MoranNew York Court of Appeals · 1894
- Moore v. KerrCalifornia Supreme Court · 1884
3Cited by18 opinions
- Fanderlik-Locke Co. v. United StatesCourt of Appeals for the Tenth Circuit · 1960
- Southwest Engineering Co. v. Reorganized School District R-9Missouri Court of Appeals · 1968
- Bailey-Allen Co., Inc. v. KurzetCourt of Appeals of Utah · 1994
- Fanderlik-Locke Co. v. United StatesCourt of Appeals for the Tenth Circuit · 1960
- Mid-America Pipeline Co. v. Four-Four, Inc.Utah Supreme Court · 2009
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