Legal Opinion

Robertson Lumber Co. v. State Bank

North Dakota Supreme Court

Decided November 2, 1905PublishedCited by 7 opinions

Appeal from District Court, Walsh county; Fisk, J. Action by the Robertson Lumber Company against the State Bank of Edinburg. From a judgment for plaintiff, defendant appeals. In an action by a subcontractor or material-man he must allege •that something was due the original contractor at the time the lien was filed. 13 Enc.

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Appeal from District Court, Walsh county; Fisk, J. Action by the Robertson Lumber Company against the State Bank of Edinburg. From a judgment for plaintiff, defendant appeals. In an action by a subcontractor or material-man he must allege •that something was due the original contractor at the time the lien was filed. 13 Enc. PI. & Pr. 980; Turner v. Strenzel et al., 70 Cal. 28, 11 Pac. 389; Wilson v. Barnard et al., 67 Cal. 422, 7 Pac. 845; Rosenkranz v. Wagner, 62 Cal. 154; Renten v. Connolly, 49 Cal. 187; Spangler v. Green et al., 21 Col. 505, 42 Pac. 674; Jenson v. Brown, 2 Ool. 694; Epley…

1Opinion of the CourtMorgan, C. J.

The complaint alleges the following facts, to wit: That in May, 1900, O. A. Braseth & Co., contractors, entered into' a Contract with the defendant, by which that firm agreed to furnish all the materials for and erect a certain two-story bank building for said' defendant for the sum of $2,918. The lumber and some other of the materials used in said building were purchased by said Braseth & Co', from the plaintiff at the agreed price, and were of the value of $631.72, and the defendant, “during all of said time * * * knew, was apprised of, and had full knowledge of the fact that the plaintiff…

2Cases cited5 opinions

  1. Colter v. FreseIndiana Supreme Court · 1873
  2. James Hunter & Co. v. Truckee LodgeNevada Supreme Court · 1879
  3. Laird v. MoonanSupreme Court of Minnesota · 1884
  4. Merrigan v. EnglishMontana Supreme Court · 1889
  5. Albright v. SmithSouth Dakota Supreme Court · 1893

3Cited by7 opinions

  1. First National Bank v. WarnerNorth Dakota Supreme Court · 1908
  2. North Dakota Lumber Co. v. BulgerNorth Dakota Supreme Court · 1910
  3. Bender v. Beverly Anne, Inc.North Dakota Supreme Court · 2002
  4. Moreau Lumber Co. v. JohnsonNorth Dakota Supreme Court · 1914
  5. Langworthy Lumber Co. v. HuntNorth Dakota Supreme Court · 1909

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