Lane

Lane v. Gilbertson

Good Law
11 Alaska 282·160 F.2d 211·1947 U.S. App. LEXIS 2589
United States Court of Appeals for the Ninth CircuitMarch 10, 1947No. 11384California474 words

Opinion

lead Opinion

Denman, J.

This is an appeal from a judgment denying appellants recovery for services and materials claimed to be furnished appellees and holding that no lien exists tip on the premises to which services were rendered and in which the materials were installed.

Appellants attack findings of the district court that the parties “ * * * entered into an oral agreement whereby plaintiffs agreed to furnish an adequate first-class heating system for the building of said defendants known as ‘The Ranch,’ upon the land described in the Amended Complaint herein, and to install the same in said building, and that said defendants agreed to pay therefor the reasonable and customary value of the same.

Appellants claim there is no evidence to support such findings and that the evidence shows the particular materials furnished and services rendered were at the request and *284 under the supervision of the defendant partners, by whom they were accepted.

We agree. It appears that in the beginning of the negotiations George Gilbertson stated to Lane “we wanted a heating plant, we wanted a good plant in there. A plant that would keep it warm,” but there is no evidence that appellants then or thereafter…

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