Belnap v. Condon
Utah Supreme Court
Appeal from District Court, Second District; J. A. Ilowell, Judge. Suit by Hyrum Belnap against Lizzie Condon and another. From a judgment for plaintiff against defendant F. W. Becker, and in favor of defendant Condon, plaintiff appeals.
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Appeal from District Court, Second District; J. A. Ilowell, Judge. Suit by Hyrum Belnap against Lizzie Condon and another. From a judgment for plaintiff against defendant F. W. Becker, and in favor of defendant Condon, plaintiff appeals. APPELLANT'S POINTS. '* The authorities fully sustain the doctrine that where a contract of, sale requires the vendee to make improvements on the land, the vendor thereby either constitutes the vendee his agent, to make the improvements, or contracts that the fee simple title to the land may be bound by a- mechanic’s lien to pay for the improvements. (20 Am. &…
1Opinion of the CourtFbick, J.
The appellant instituted this action to foreclose a mechanic’s lien. In his complaint he in substance alleges that ■ the respondents were indebted to> him in the sum of $218.61 for a balance due for. certain materials furnished by him to them at their special instance and request, to be used in the *215construction of a certain building to be erected upon certain premises which are described in the complaint, and that said materials were furnished between the 29th day of August and the 26th day of October, 1904, and were used for the purposes aforesaid. These allegations are followed by the usual…
2Cases cited3 opinions
- Morrison, Merrill & Co. v. ClarkUtah Supreme Court · 1899
- Sheehy v. FultonNebraska Supreme Court · 1894
- Morrow v. MerrittUtah Supreme Court · 1898
3Cited by11 opinions
- Mahoning Park Co. v. Warren Home Development Co.Ohio Supreme Court · 1924
- Feuchtenberger v. Williamson, Carroll & SaundersSupreme Court of Virginia · 1923
- Georgia State Savings Asso. v. WilsonSupreme Court of Georgia · 1939
- Schoeneman Lumber Co. v. DavisSupreme Court of Iowa · 1925
- Dewey Lumber Co. v. McQuirkMontana Supreme Court · 1934
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