Legal Opinion

Clark v. Schatz

Supreme Court of Minnesota

Decided December 5, 1877PublishedCited by 14 opinions

The plaintiffs, who were co-partners under the firm name of Clark & McClure, entered into a verbal agreement with the defendant Schatz to supply the lumber and material necesrary for the construction of a building upon block “E” in the town of Cold Springs.

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The plaintiffs, who were co-partners under the firm name of Clark & McClure, entered into a verbal agreement with the defendant Schatz to supply the lumber and material necesrary for the construction of a building upon block “E” in the town of Cold Springs. On May 12, 1874, the defendant Schatz mortgaged this building to the defendant Girard; and on March 2, 1875, the plaintiffs filed in the office of the register of deeds, for the county of Stearns, their account in writing of the items of lumber and material furnished Schatz, and used in the construction of said building. Annexed to the…

1Opinion of the CourtGileillan, C. J.

The statute creating and regulating mechanics’ liens (Gen. St. c. 90) provides :

“Section 1. Whoever performs labor, or furnishes materials or machinery for erecting, constructing, altering or repairing any house, etc., by virtue of a contract or agreement with the owner or agent thereof, shall have a lien to secure the payment of the same upon such house, etc., together with the right, title and interest of the person owning such house, etc., on and to the land upon which the same is situated, ” etc.
“Section 7. Any person entitled to a lien under section 1 aforesaid shall make an account in…

2Cited by14 opinions

  1. Keller v. HoulihanSupreme Court of Minnesota · 1884
  2. Gilfillan v. HobartSupreme Court of Minnesota · 1886
  3. Smith v. HeadleySupreme Court of Minnesota · 1885
  4. Anderson v. KnudsenSupreme Court of Minnesota · 1885
  5. Hurlbert v. New Ulm Basket WorksSupreme Court of Minnesota · 1891

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