Morrow v. Merritt
Utah Supreme Court
Appeal from the Third district court, Salt Lake county. Jacob Johnson, Judge. Action by Annie E. Morrow against Charles C. Merritt and George Calder to declare and foreclose a mechanic’s lien. From a judgment for plaintiff defendants appeal. Building contracts cannot be disguised under the name of lease or by the pretended relation of lessor and lessee. BurMttr. Harper, 79 N. T. 273; Otis r. JDodd, 90 N. Y. 336; Barclay r. Wainwright, 86 Pa. St. 191; Woodward r.
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Appeal from the Third district court, Salt Lake county. Jacob Johnson, Judge. Action by Annie E. Morrow against Charles C. Merritt and George Calder to declare and foreclose a mechanic’s lien. From a judgment for plaintiff defendants appeal. Building contracts cannot be disguised under the name of lease or by the pretended relation of lessor and lessee. BurMttr. Harper, 79 N. T. 273; Otis r. JDodd, 90 N. Y. 336; Barclay r. Wainwright, 86 Pa. St. 191; Woodward r. Leily, 36 Pa. St. 437; Goolc r. Goodyear, 79 Wis. 606; Savoy r. Jones-, 2 Bawle 350; Leiby r. Wilson, 40 Penn. 67; Sclvmaiz et al.…
1Opinion of the Court
Zane, C. J.:
This is an appeal from a decree for $770.76, and for costs against the defendant Merritt, and foreclosing a mechanic’s lien upon the interests of both defendants in the real estate described, and the improvements thereon. A default was entered against the defendant Merritt. It appears that the fee was in the-defendant Calder, and his co-defendant was his tenant; that he did not contract with the plaintiff for the materials or labor furnished by the plaintiff, or authorize any one to contract therefor; *414and be prosecutes this appeal from so much of the decree as declares the amount…
2Cases cited5 opinions
- Knapp v. . BrownNew York Court of Appeals · 1871
- Muldoon v. . PittNew York Court of Appeals · 1873
- Conant v. BrackettMassachusetts Supreme Judicial Court · 1873
- Waterman v. StoutNebraska Supreme Court · 1893
- Johnson v. DeweyCalifornia Supreme Court · 1869
3Cited by7 opinions
- Stewart v. TalbottSupreme Court of Colorado · 1913
- Interiors Contracting Inc. v. NavalcoUtah Supreme Court · 1982
- Dierks & Sons Lumber Co. v. MorrisMissouri Court of Appeals · 1913
- Belnap v. CondonUtah Supreme Court · 1908
- Hawkins v. FaubelSupreme Court of Arkansas · 1930
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