Culmer v. Hooper-Caine
Utah Supreme Court
Appeal from the Third District Court Salt Lake County. Hon. Ogden Hiles, Judge. Action to foreclose mechanic’s lien. From a judgment in favor of the plaintiffs ,and certain defendants, the defendants Caine and Hooper appealed and the’ defendants Duvall and Mills prosecuted a cross appeal. Sub-contractors can have no higher or greater rights against the owner than the contractor. The contract with the latter measures and limits the rights of both. Phillip Mec.
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Appeal from the Third District Court Salt Lake County. Hon. Ogden Hiles, Judge. Action to foreclose mechanic’s lien. From a judgment in favor of the plaintiffs ,and certain defendants, the defendants Caine and Hooper appealed and the’ defendants Duvall and Mills prosecuted a cross appeal. Sub-contractors can have no higher or greater rights against the owner than the contractor. The contract with the latter measures and limits the rights of both. Phillip Mec. Liens, Secs. 58, 62, 143; Boisot on Mec. Liens, Sec. 228. There is a fatal variance between the allegations of the cross-complaint,…
1Opinion of the Court 1
After stating the facts,
2Opinion of the Court · MinerMiner, J.
The appeal in this case is taken from'the judgment. No bill of exceptions was settled, or testimony returned.
1. Appellants first contention is that the cross-complaint does not set forth the contract between Wright, the contractor, and the owners of the property, Caine and Hooper, either in terms or legal effect, and no compliance with the terms of the contract is alleged as required by Sec. 2, and 10, Ch. 30, Sess. Laws, 1890, p. 25.
Upon an examination of the record we find that the cross-complaint was amended so as to obviate the objection made, and that as amended…
3Cases cited13 opinions
- Redfield v. Ystalyfera Iron Co.Supreme Court of the United States · 1884
- Perry v. QuackenbushCalifornia Supreme Court · 1894
- Smith v. AckerCalifornia Supreme Court · 1877
- Smith v. JamesIndiana Supreme Court · 1892
- Bannister v. Patty'sWisconsin Supreme Court · 1874
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4Cited by6 opinions
- Rosenbaum v. Price Construction Co.West Virginia Supreme Court · 1936
- Brewer v. Oil Well Supply Co.Supreme Court of Oklahoma · 1927
- Fields v. Daisy Gold Mining Co.Utah Supreme Court · 1902
- Liebhauser v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1923
- Sanford v. KunkelUtah Supreme Court · 1906
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