Mahon v. Surerus
North Dakota Supreme Court
Appeal from District Court, Cavalier County; Sauier, J. Action by John Mahon and John B. Robinson against William Surerus and Edward I. Donovan. Judgment for defendant Donovan, and plaintiff’s appeal.
1Opinion of the CourtBartholomew, C. J.
The plaintiffs seek by this action to foreclose a lien for the price of certain materials which they allege they sold to the defendant Surerus, to be used, and which in fact were used, in the construction and erection of a dwelling house upon certain described lands. The defendant Dovonvan is a subsequent purchaser from Surerus. Donovan alone answered. He denied the allegations of the complaint, and pleaded ownership of the land. The judgment below was in favor of defendant Donovan.
The only disputed question of fact is whether or not the evidence sufficiently shows that the materials were in…
2Cases cited4 opinions
- Willamette Falls Transportation & Milling Co. v. RileyOregon Supreme Court · 1855
- Paige v. PetersWisconsin Supreme Court · 1887
- Kansas Lumber Co. v. JonesSupreme Court of Kansas · 1884
- Phillips v. M. O. Mason & Co.Tennessee Supreme Court · 1871
3Cited by12 opinions
- Basham v. Goodholm & Sparrow Inv. Co.Supreme Court of Oklahoma · 1915
- Spier v. Power Concrete, Inc.North Dakota Supreme Court · 1981
- Johnson v. SolidayNorth Dakota Supreme Court · 1910
- Gull River Lumber Co. v. BriggsNorth Dakota Supreme Court · 1900
- Pudwill v. Bismarck Lumber CompanyNorth Dakota Supreme Court · 1958
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