Schultz v. Rose Lake Lumber Co.
Idaho Supreme Court
APPEAL from the District Court of the First Judicial District for Shoshone County. Hon. William W. Woods, Judge. Action to foreclose a lien upon sawlogs. Judgment for plaintiffs. There is no allegation in the complaint that Albert Y. Holzendorf was either the owner of the logs or the agent of the owner. There must be an allegation of ownership.
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APPEAL from the District Court of the First Judicial District for Shoshone County. Hon. William W. Woods, Judge. Action to foreclose a lien upon sawlogs. Judgment for plaintiffs. There is no allegation in the complaint that Albert Y. Holzendorf was either the owner of the logs or the agent of the owner. There must be an allegation of ownership. (Adams v. Buhler, 116 Ind. 100, 18 N. E. 269; Wyman v. Quayle, 9 Wyo. 326, 63 Pac. 988; Knapp Electrical Works v. Mecosta Electrical Co., 110 Mich. 547, 68 N. W. 245.) If Schultz was owing Albert Y. Holzendorf on some other account a sum equal to or…
1Opinion of the CourtMorgan, J.
— Albert V. Holzendorf purchased from Gustav Holzendorf certain standing timber which he cut into *530sawlogs and sold to Rose Lake Lumber Company. He employed Rudolph Schultz to haul the logs and having failed to pay for that service or to pay in full for the timber, Schultz filed a lien for his wages and Gustav Holzendorf filed a lien for the balance due upon the purchase price, making Albert V. Holzendorf and Rose Lake Lumber Company parties thereto. This actibn was commenced to foreclose the liens and the claim of Gustav Holzendorf was stated as the first, and that of Schultz as the second…
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