Salzer Lumber Co. v. Claflin
North Dakota Supreme Court
Appeal from District Court, Stutsman county; Burke, J. Action by the Salzer Lumber Company against W. L. Claflin and John E. Strong. Judgment for plaintiff and defendants appeal. There must be a substantial interest before a lien will attach. Reynolds v. Fleming, 45 N. W. 1099; Atwater v. Manchester Savings Bank, 48 N. W. 187; Hook v. Northwest Thresher Co., 98 N. W. 463. Vendee’s interest in the land is to the extent that he has paid on the purchase price.
Read the full summary
Appeal from District Court, Stutsman county; Burke, J. Action by the Salzer Lumber Company against W. L. Claflin and John E. Strong. Judgment for plaintiff and defendants appeal. There must be a substantial interest before a lien will attach. Reynolds v. Fleming, 45 N. W. 1099; Atwater v. Manchester Savings Bank, 48 N. W. 187; Hook v. Northwest Thresher Co., 98 N. W. 463. Vendee’s interest in the land is to the extent that he has paid on the purchase price. Bart v. Paff, 37 L. R. A. 852; Fish v. Fowlie, 58 Cal. 375; 28 Am. & Eng. Enc. Law, 107; Bissell v. Heyward, 96 U. S. 580; Jennison v.…
1Opinion of the CourtMorgan, C. J.
Action to foreclose a mechanic’s lien. The plaintiff furnished lumber and other materials which were actually used in the construction of buildings and other improvements upon land. The defendant Claflin was in the actual possession of said land when the materials were purchased and the improvements made. He was in such possession under a contract for the purchase of the land on the crop payment plan. The defendant Strong *604was the owner of the land. The land was conveyed to him by a former owner after such former owner had entered into the contract with the defendant Claflin for its sale under…
2Cases cited13 opinions
- Henderson v. ConnellyIllinois Supreme Court · 1887
- Wadge v. KittlesonNorth Dakota Supreme Court · 1903
- Monroe v. WestSupreme Court of Iowa · 1861
- Nearing v. CoopNorth Dakota Supreme Court · 1897
- Pinkerton v. Le BeauSouth Dakota Supreme Court · 1893
8 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Stevahn v. MeidingerNorth Dakota Supreme Court · 1952
- Hunt Hardware Co. v. HerzoffSupreme Court of Iowa · 1923
- United Accounts, Incorporated v. LarsonNorth Dakota Supreme Court · 1963
- Ingram v. HowardSupreme Court of Alabama · 1930
- Cummings v. DuncanNorth Dakota Supreme Court · 1912
28 more not listed; retrieve them via the Exa API.