Colorado Iron Works v. Riekenberg
Idaho Supreme Court
APPEAL from District Court, Owyhee County. This action was commenced in the district court to foreclose mechanic’s lien on a certain quartz-mill and its appurtenances.
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APPEAL from District Court, Owyhee County. This action was commenced in the district court to foreclose mechanic’s lien on a certain quartz-mill and its appurtenances. Was the plaintiff called on, under the state of the pleadings, to offer proof that the property was sold by the plaintiff to be used in the mill, or was it admitted, by failure to deny? The appellant claims as a matter of law, that in order to put an allegation of complaint in issue the denial must be as complete as the allegation, and must be directed to every material thing in the allegation that he wishes to controvert, but…
1Opinion of the CourtHuston, J.
The plaintiff is a corporation engaged in the manufacture of iron machinery, etc., at Denver, Colorado. The defendant was one of four persons holding a lease upon a certain mine located in Owyhee county, Idaho. On the 3d' of April, 1893, defendant addressed the following letter to. plaintiff: .
“De Lamar, Idaho, April 3d.
“To Colorado Iron Works; Denver, Colo.
“Gentlemen: Will please inform me if you can make the following articles, and at what price? 2 chlorinating barrels,, of the following description and sketch: The barrel is of ^-inclx sheet iron, 53-ineh diameter, and 60 inches long, with…
2Cited by10 opinions
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- Charles H. Conner & Co. v. MasonCourt of Appeals of Kentucky · 1911
- Tabor-Pierce Lumber Co. v. International Trust Co.Colorado Court of Appeals · 1903
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