Milwaukee Loan & Finance Co. v. Grundt

Whether or not a merger of estates has taken place is to be determined by the interest and intention of the parties and the substantial justice of the case. Appellants sold the premises to Manthei, who, in turn, contracted with the respondents for certain work on the buildings on the land. Upon Manthei’s failure to pay, liens were duly filed. Thereafter, appellants accepted a quitclaim deed from Manthei retaining what had been paid and releasing Manthei from further obligations to them. The appellants had no actual knowledge of the existence of these liens until after the quitclaim deed had…