Gem State Lumber Co. v. Union Grain & Elevator Co.

Suit to foreclose materialman’s lien. From a judgment in favor of respondent, Gem State Lumber Company, defendant Union Grain & Elevator Company appeals. The facts are these: Appellant corporation owned a plot of ground adjoining the O. S. L. railroad tracks in McCammon, Idaho, upon which it had a mill and elevator. In March, 1924, it leased the premises to Geo. W. Moeneh and L. F. Moeneh, who later, with appellant’s consent, assigned the lease to the Peerless Grain Company, a domestic corporation, with its principal place of business at McCammon aforesaid.

The lease required that the lessee…