Cahoon v. Fortune Mining & Milling Co.
Utah Supreme Court
Appeal from the Third District Court, Salt Lake County. — Hon. W. G. Hall, Judge. Action to foreclose a mechanic’s lien. From a judgment in favor of the plaintiffs (granting insufficient relief), they appealed.
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Appeal from the Third District Court, Salt Lake County. — Hon. W. G. Hall, Judge. Action to foreclose a mechanic’s lien. From a judgment in favor of the plaintiffs (granting insufficient relief), they appealed. A lien may he established for all the materials furnished under one single contract, although some of them may have been furnished for alterations, repairs, etc., after the mill was put in operation, German Bank v. Schloth, 59 Iowa 316; Helena Bank v. Wells, 40 Pac. 78; Lamb v. Haniman, 40 Iowa 41; Kearney v. Worde-man, 33 Mo. App. 447; Fulton Works v. Mining Co., 80 Mo. 265; Chase v.…
1Opinion of the CourtMcCARTY, J.
The controlling and decisive question involved in 1 this case is, did the court err in holding that the last bill of lumber, amounting to $27.45, and shipped by plaintiffs on January 29,1901, to defendant Fortune Mining & Milling Company, was not furnished under the same contract upon which the bulk of the material was delivered? It is contended by appellants that there was only one contract entered into by them and the Fortune Mining & Milling Company for the furnishing of material, and that such contract did not terminate until the last load was delivered, January 29, 1901; *93‘ ‘ that it was…
2Cases cited3 opinions
- Davis v. AlvordSupreme Court of the United States · 1877
- Flint v. RaymondSupreme Court of Connecticut · 1874
- Delaware R. v. Amity Coal Co.Supreme Court of Pennsylvania · 1889
3Cited by8 opinions
- Priddy v. KERNERSVILLE LUMBER COMPANYSupreme Court of North Carolina · 1963
- Wilcox v. ClowardUtah Supreme Court · 1936
- National Surety Co. v. PriceCourt of Appeals of Kentucky · 1915
- Badger Lumber Co. v. ParkerSupreme Court of Kansas · 1911
- Alexander Hendry Co. v. MooarAppellate Court of Illinois · 1926
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