(Download) "Layrite Products Company v. Joe Lux and" by Supreme Court of Idaho No. 9746 * Book PDF Kindle ePub Free
eBook details
- Title: Layrite Products Company v. Joe Lux and
- Author : Supreme Court of Idaho No. 9746
- Release Date : January 14, 1966
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
This is a lien foreclosure action wherein a materialman furnished material used by a contractor in the construction of a home. Layrite Products Company, the plaintiff-appellant herein, a Washington corporation engaged in the business of the manufacture and sale of building materials, is the materialman. The contractor is Arsenault Masonry, Inc., also a Washington corporation. Joe Lux and Alphonsie Lux, husband and wife, the defendants-respondents herein, are the homeowners. Layrite sold building materials to Arsenault which were used in respondents' house. The Luxes paid Arsenault in full for the work it completed but never received credit with Layrite for the materials purchased and used for the construction of their home. The district court found that Layrite dealt with Arsenault on a general open running account without regard to the use of its materials in the construction of any particular building or project and concluded Layrite could not therefore now assert a lien on respondents' property and residence merely because building materials sold to Arsenault were subsequently used in respondents' home. Judgment thereupon was entered for the respondents. From that judgment, Layrite appeals to the supreme court.