Legal Opinion

McGill v. McAdoo

Idaho Supreme Court

Decided March 25, 1922PublishedCited by 8 opinions

APPEAL from the District Court of the Seventh Judicial District, for Canyon County. Hon. E'd. L. Bryan, Judge. Action to foreclose a mechanic’s lien. Judgment for defendant, and plaintiff appeals. Every person performing labor or furnishing material for a building or structure is entitled to a lien therefor, and the amount to be recovered under such lien is always measured by the amount found to be due him under his contract.

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APPEAL from the District Court of the Seventh Judicial District, for Canyon County. Hon. E'd. L. Bryan, Judge. Action to foreclose a mechanic’s lien. Judgment for defendant, and plaintiff appeals. Every person performing labor or furnishing material for a building or structure is entitled to a lien therefor, and the amount to be recovered under such lien is always measured by the amount found to be due him under his contract. (Stelt-z v. Armory Go., 15 Ida. 551, 99 Pac. 98, 20 L. R. A., N. S., 872.) Without reference to whether such person performing such labor or furnishing such material is…

1Opinion of the Court

LEE J.

This is an action by appellant F. O. McGill, doing business as the McGill Construction Company, to foreclose a mechanic’s lien upon the station building and premises at Nampa belonging to the Oregon Short Line Railroad System, for repairs made while the same was under the control of William G. McAdoo, Director General of Railroads.

The case was tried without the intervention of a jury, and at the close of appellant’s case respondent moved for nonsuit, which was denied. At the close of the trial the court made and entered its separate findings and conclusions and decree thereon, to the…

2Cases cited4 opinions

  1. Missouri Pacific Railroad v. AultSupreme Court of the United States · 1921
  2. Northern Pacific Railway Co. v. North Dakota Ex Rel. LangerSupreme Court of the United States · 1919
  3. Chamberlain v. City of LewistonIdaho Supreme Court · 1912
  4. Hill v. Twin Falls Salmon River Land & Water Co.Idaho Supreme Court · 1912

3Cited by8 opinions

  1. Pierson v. SewellIdaho Supreme Court · 1975
  2. Idaho Lumber & Hardware Co. v. DiGiacomoIdaho Supreme Court · 1940
  3. Boise Payette Lumber Co. v. WeaverIdaho Supreme Court · 1925
  4. Poynter v. FargoIdaho Supreme Court · 1929
  5. Geddes v. DavisIdaho Supreme Court · 1922

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