Rhodes v. Clute
Utah Supreme Court
Appeal from district court, Salt Lake county; Ogden Hiles, Judge. Action by George F. Ekodes against Mary A. Clute and others. From a judgment for plaintiff, defendants appeal. This was an action to foreclose a mechanic’s lien on certain premises, to recover a balance of money which the plaintiff claims is due him from the defendants for labor and material furnished iíjfche construction of the house on the premises.
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Appeal from district court, Salt Lake county; Ogden Hiles, Judge. Action by George F. Ekodes against Mary A. Clute and others. From a judgment for plaintiff, defendants appeal. This was an action to foreclose a mechanic’s lien on certain premises, to recover a balance of money which the plaintiff claims is due him from the defendants for labor and material furnished iíjfche construction of the house on the premises. It appears from the evidence that in April, 1891, defendant Mary A. Clute, the then owner of the property, engaged the plaintiff, who was a carpenter and builder, to build a frame…
1Opinion of the CourtBabtch, J.
(after stating the facts):
The principal and most important contention on the part of the appellants appears to be that the plaintiff was a contractor, and had agreed to erect the building for a stipulated sum, and that therefore he was neither entitled to charge for superintending his contract, nor for his own personal labor upon the building, and consequently was not entitled to a lien on the premises; and this regardless of the changes made in the building after the first contractual relations between him and the oymer. If there was no abandonment of the contract because of the changes made…
2Cases cited4 opinions
- County of Cook v. HarmsIllinois Supreme Court · 1883
- Henderson Bridge Co. v. McGrathSupreme Court of the United States · 1890
- Delafield v. Village of WestfieldNew York Supreme Court · 1894
- Smith v. Salt Lake CityU.S. Circuit Court for the District of Utah · 1897
3Cited by6 opinions
- Saenz Mencia v. AllredCourt of Appeals for the Tenth Circuit · 2015
- Moran Bros. v. Snoqualmie Falls Power Co.Washington Supreme Court · 1902
- Southern Surety Co. v. Nalle & Co.Court of Appeals of Texas · 1921
- Amelco Electric v. City of Thousand OaksCalifornia Supreme Court · 2002
- Amelco Electric v. City of Thousand OaksCalifornia Supreme Court · 2002
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