Einerson v. CENTRAL LUMBER & HARDWARE COMPANY

CROCKETT, Justice.

Plaintiff Einerson sues defendant Central' Lumber & Plardware Company to recover-penalties prescribed by statute (Sec. 38 — 1— 24, U.C.A.1953) for failure to release its; materialman’s lien upon plaintiff’s home - after the debt was paid.

The statute referred to provides:

“The claimant of any lien filed as provided herein, on the payment of the amount thereof together with the costs, incurred and the fees for cancellation,., shall at the request of any person in- ■ térested in the property charged there-with cause said lien to be cancelled of record within ten days from the…