Legal Opinion

McIntire v. Barnes

Supreme Court of Colorado

Decided December 15, 1878PublishedCited by 6 opinions

Appeal from District Court of El Paso County. ' Barnes and others, the appellees, filed their petition in the district court of El Paso county for a mechanics’ lien, alleging that the petitioners contracted with Sybrant wbo, as the agent of Mclntire, the appellant, was erecting a building, to furnish labor and materials therefor.

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Appeal from District Court of El Paso County. ' Barnes and others, the appellees, filed their petition in the district court of El Paso county for a mechanics’ lien, alleging that the petitioners contracted with Sybrant wbo, as the agent of Mclntire, the appellant, was erecting a building, to furnish labor and materials therefor. The cause was heard on the petition, answer, replications and master’s report, and the court entered its finding and decree in favor of the petitioners to the effect following : “ That Mclntire was owner of lot 19, block 92, in Colorado Springs; that he contracted…

1Opinion of the CourtThatcher, C. J.

The appellant and J. Y. Sybrant, in the spring of 1875, entered into a contract wherein it was agreed that the said Sybrant should build a house, furnishing all the material according to certain plans and specifications, on a certain lot in the town of Colorado Springs, and would complete the same on or before June 15, 1875. The total consideration to be paid was $3,100, of which sum $300 were to be paid'when the walls were completed; $300 on completion of building, and $2,500 in real estate, consisting of two lots, one of the value of $1,500, the other of the value of $1,000. The original…

2Cases cited3 opinions

  1. Abbott v. GatchCourt of Appeals of Maryland · 1859
  2. Sinclair v. TallmadgeNew York Supreme Court · 1861
  3. Wagner v. CorkhillNew York Supreme Court · 1862

3Cited by6 opinions

  1. Charleston Lumber Co. v. FriedmanWest Virginia Supreme Court · 1908
  2. Leigland v. Rundle Land & Abstract Co.Montana Supreme Court · 1922
  3. Great Western Sugar Co. v. F. H. Gilcrest Lumber Co.Colorado Court of Appeals · 1913
  4. Great Western Sugar Co. v. F. H. Gilcrest Lumber Co.Colorado Court of Appeals · 1913
  5. ROYAL OIL AND GAS COMPANY v. Buick Drilling, Inc.Supreme Court of Colorado · 1960

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