38 P. 651 | Idaho | 1894
The plaintiff, a corporation, made a contract with defendant, who is the owner of a certain mining claim situate in Owyhee county, Idaho, to furnish him certain machinery to be used in the construction of a quartz-mill upon or adjacent to said mining claim. By the terms of said contract the machinery was to be paid for upon delivery. The machinery was furnished according to contract, and was used in the construction of the said mill. The machinery was delivered and accepted on the twenty-first day of June, 1893. On the twenty-second day of July of same year plaintiff filed its notice of lien under the statutes, and in due time brought suit to foreclose the same. To the complaint filed by plaintiff in such foreclosure suit defendant filed a general demurrer, which was sustained by the court, and, plaintiff declining to amend its complaint, judgment was entered for defendant for costs. From such judgment this appeal is taken.
The only questions raised upon the hearing are: 1. Was plaintiff's notice of lien filed in time? 2. Does the notice of.