Davis v. Big Horn Lumber Co.
Wyoming Supreme Court
Error to the District Court, Sheridan Count)', Hon. C. H. ParmRURR, Judge. Action for a balance due for lumber and building- materials, and to enforce a mechanics’ lien therefor. From a judgment for the plaintiff the defendants prosecuted error. The material facts are stated in the opinion. In the first cause of action attempted to be set forth in the petition facts sufficient to constitute a cause of action are not stated.
Read the full summary
Error to the District Court, Sheridan Count)', Hon. C. H. ParmRURR, Judge. Action for a balance due for lumber and building- materials, and to enforce a mechanics’ lien therefor. From a judgment for the plaintiff the defendants prosecuted error. The material facts are stated in the opinion. In the first cause of action attempted to be set forth in the petition facts sufficient to constitute a cause of action are not stated. If it is a suit on an account, an indebtedness should be alleged in a certain sum. There is no such allegation. Where the price is agreed upon, the petition should state…
1Opinion of the Court
Beard, Justice.
The defendant in error, the Big' Horn Lumber Company, commenced this action in the District Court of Sheridan County against the plaintiffs in error, George Davis and Margaret F. Peters, to recover judgment against Davis for a balance alleged to be due for lumber and building materials sold by the compan}' to Davis on a verbal contract for the erection of a building on certain lots in the town of Sheridan and to foreclose a mechanics’ lien therefor on said building and lots. From a judgment against Davis for the amount claimed and a decree establishing and foreclosing the lien…
2Cases cited4 opinions
- Missoula Mercantile Co. v. O'DonnellMontana Supreme Court · 1900
- Collins v. SnokeWashington Supreme Court · 1894
- Wyman v. QuayleWyoming Supreme Court · 1901
- Willamette Lumbering Co. v. McLeodOregon Supreme Court · 1895
3Cited by9 opinions
- Grover Irrigation & Land Co. v. Lovella Ditch, Reservoir & Irrigation Co.Wyoming Supreme Court · 1913
- Farmers State Bank v. HaunWyoming Supreme Court · 1924
- Robinson-Slagle Lumber Co. v. RudySupreme Court of Louisiana · 1924
- Claughton v. JohnsonWyoming Supreme Court · 1935
- Continental & Commercial Trust & Savings Bank v. North Platte Valley Irr. Co.Court of Appeals for the Eighth Circuit · 1915
4 more not listed; retrieve them via the Exa API.