Independent Meat Co. v. Crane Co.
Arizona Supreme Court
APPEAL from a judgment of the Superior Court of the County of Yavapai. John J. Sweeney, Judge. STATEMENT OF FACTS. The appellee, as plaintiff, commenced this action against the appellant and another party known as Horstmann & Plomert, to recover the value of certain machinery furnished said Horstmann & Plomert, to he used in and about a cold storage and ice manufacturing plant constructed for appellant, and to declare and fix a materialman’s lien on the said plant, and a…
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APPEAL from a judgment of the Superior Court of the County of Yavapai. John J. Sweeney, Judge. STATEMENT OF FACTS. The appellee, as plaintiff, commenced this action against the appellant and another party known as Horstmann & Plomert, to recover the value of certain machinery furnished said Horstmann & Plomert, to he used in and about a cold storage and ice manufacturing plant constructed for appellant, and to declare and fix a materialman’s lien on the said plant, and a foreclosure of the said lien. The cause was tried by the court, and judgment was rendered in favor of the plaintiff for the…
1Opinion of the CourtCunningham, C. J.
(After Stating the Facts as Above.) — The controverted question in this case is whether Crane Company is given the right under the statute to claim a lien for the machinery and supplies it furnished Horstmann & Plomert, and which they actually used in the improvement in question. The appellant states the question as follows:
“Was the contract between Horstmann & Plomert and the Independent Meat Company a contract for the sále of the machinery and supplies therein mentioned, or was it such a contract as made Horstmann & Plomert contractors within the meaning of paragraph 3639 (Civ. Code Ariz.…
2Cases cited11 opinions
- Clark v. MooreIllinois Supreme Court · 1872
- Bryson v. McConeCalifornia Supreme Court · 1898
- John A. Roebling's Sons Co. v. Humboldt Electric Light & Power Co.California Supreme Court · 1896
- Cooper v. CleghornWisconsin Supreme Court · 1880
- Gates Iron Works v. CohenColorado Court of Appeals · 1896
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Kerr-McGee Oil Industries, Inc. v. McCrayArizona Supreme Court · 1961
- Podol v. JacobsArizona Supreme Court · 1946
- Ranch House Supply Corporation v. Van SlykeArizona Supreme Court · 1962
- Price v. SunmasterCourt of Appeals of Arizona · 1976
- Wahl v. Southwest Savings & Loan AssociationCourt of Appeals of Arizona · 1970
3 more not listed; retrieve them via the Exa API.