Dean v. Stewart
Montana Supreme Court
Appeal from District Court, Missoula County; F. C. Webster, Judge. Action by Guy Dean and E. T. Elrod, copartners, against John Stewart and Patrick Welch, copartners, and the Chicago, Milwaukee & St. Paul Ry. Company of Montana. From a judgment in favor of plaintiffs, defendants appeal.
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Appeal from District Court, Missoula County; F. C. Webster, Judge. Action by Guy Dean and E. T. Elrod, copartners, against John Stewart and Patrick Welch, copartners, and the Chicago, Milwaukee & St. Paul Ry. Company of Montana. From a judgment in favor of plaintiffs, defendants appeal. Appellant railway company contends that there has not been even a substantial compliance with that provision of the Code (sec. 7291) relating to a description of the property sought to be charged, and that therefore no lien was ever created upon its property, the description being too indefinite and uncertain…
1Opinion of the CourtJustice Sanner
The plaintiffs brought this action in the district court of Missoula county to recover from the defendants, Stewart & Welch, a balance of $51,205.85, alleged to be due for labor and materials furnished in the construction of the railway and roadbed of the defendant Chicago, Milwaukee & St. Paul Railway Company of Montana, during the years 1907 and 1908, and to foreclose a lien upon said property. The material issues of fact were the amount and value of the work done and whether the work was done under contract between the plaintiffs and Stewart & Welch, who were contractors under Winston…
2Cases cited5 opinions
- Bordeaux v. BordeauxMontana Supreme Court · 1905
- Western Iron Works v. Montana Pulp & Paper Co.Montana Supreme Court · 1904
- O'Malley v. O'MalleyMontana Supreme Court · 1913
- Boyd v. HuffineMontana Supreme Court · 1911
- McIntyre v. MacGinnissMontana Supreme Court · 1910
3Cited by6 opinions
- Conner v. HelvikMontana Supreme Court · 1937
- Continental Supply Co. v. WhiteMontana Supreme Court · 1932
- Gibbs v. GardnerMontana Supreme Court · 1938
- Johnson v. EricksonMontana Supreme Court · 1919
- Mason v. SweeMontana Supreme Court · 1921
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