Villaume Box & Lumber Co. v. Condon
Supreme Court of Minnesota
Action in the district court for Ramsey county to foreclose a mechanic’s lien. The case was tried before Olin B. Lewis, J., who made findings and ordered judgment in favor of plaintiff for the amount demanded, and for a sale of the premises for the satisfaction of the judgment. From an order denying their motion to amend the findings and conclusions or for a new trial, defendants appealed.
1Opinion of the Court
Lees, C.
This .is an appeal from an order denying defendants a new trial of an action to foreclose a mechanic’s lien. Two questions are presented: The first is whether certain storm sash were furnished under the original contract for the construction of a dwelling house or under a new aad independent contract; and the second concerns the application of payments.
*1571. The uncontradi'cted testimony of both defendants is that the house was fully completed prior to September 5, 1918, and that on that day Mrs. Condon moved into and accepted it. The contract provided for the payment of $1,500 when the…
2Cases cited12 opinions
- Frankoviz v. SmithSupreme Court of Minnesota · 1886
- Sioux City Foundry & Manufacturing Co. v. MertenSupreme Court of Iowa · 1916
- Jefferson v. Church of St. MatthewSupreme Court of Minnesota · 1889
- Fitzpatrick v. ErnstSupreme Court of Minnesota · 1907
- Miller v. ShepardSupreme Court of Minnesota · 1892
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3Cited by10 opinions
- Standard Oil Co. v. DaySupreme Court of Minnesota · 1924
- Barrett v. HampeSupreme Court of Minnesota · 1952
- New Prague Lumber & Readi-Mix Co. v. BastyrSupreme Court of Minnesota · 1962
- Kahle v. McClarySupreme Court of Minnesota · 1959
- Fidelity & Deposit Co. v. Union State BankDistrict Court, D. Minnesota · 1927
5 more not listed; retrieve them via the Exa API.