Fairbanks, Morse & Co. v. Simmons

Citations

• 103 Kan. 202
• 173 P. 277
• 1918 Kan. LEXIS 223

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Pleadings — Demurrer to Answer Sustained — Appeal Therefrom Too Late. A ruling sustaining a demurrer cannot be reviewed unless an appeal is taken within six months thereafter.</p> <p>2. Mechanic’s Lien — Pumping Plant — Furnishing Materials. In an action to foreclose a mechanic’s lien, evidence is admissible to prove -that material was purchased for, and was used in, the construction of improvements on the land described.</p> <p>3. Same — Material Sold to be Used in Erecting Pumping Plant. The evidence abstracted has been examined, and it is held that there was evidence sufficient to prove that materials were sold with the intention and understanding that they should be used in the construction of improvements on the lands described in the lien filed.</p> <p>4. Same — Equitable Action — Findings of Jury Disregwrded. In an equitable action, it is not error for the court to strike out or disregard findings of the jury and make other findings and render judgment thereon.</p>