Legal Opinion

MacPherson v. Crum

North Dakota Supreme Court

Decided July 7, 1919PublishedCited by 1 opinion

Appeal by defendant from a judgment of tbe District Court of Cass County, Allen, Special Judge, awarding a foreclosure of a mechanic’s lien. The memorandum contract, plaintiff’s said exhibit 3, and the specifications, plaintiff’s exhibit 5, are by the express terms of plaintiff’s said exhibit 3 consolidated into one instrument. These papers must be interpreted together in construing the contract, as if they were both embodied in one paper. N. D. Comp.

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Appeal by defendant from a judgment of tbe District Court of Cass County, Allen, Special Judge, awarding a foreclosure of a mechanic’s lien. The memorandum contract, plaintiff’s said exhibit 3, and the specifications, plaintiff’s exhibit 5, are by the express terms of plaintiff’s said exhibit 3 consolidated into one instrument. These papers must be interpreted together in construing the contract, as if they were both embodied in one paper. N. D. Comp. Laws 1913, §§ 5901, 5902; Byers v. Farmers Ins. Co. 35 Am. Rep. 625; First Nat. Bank v. Flath, 10 N. D. 287. -Where the plans and…

1Per curiam

This is an action to foreclose a mechanic’s lien. From the judgment of the district court awarding a foreclosure, the defendant appeals and demands a trial de novo in this court.

The facts are substantially as follows: The plaintiff made a contract with the defendant whereby he agreed to do the carpenter work and superintend the construction of a dwelling for the defendant in the city of Fargo. Pursuant thereto plaintiff performed certain labor between July 15, 1916, and December 15, 1916, and, claiming an unpaid balance due amounting to $516.40, he filed a mechanic’s lien therefor on January…

2Cases cited2 opinions

  1. Northwestern Cement & Concrete Pavement Co. v. Norwegian-Danish Evangelical Lutheran Augsburg SeminarySupreme Court of Minnesota · 1890
  2. J. J. Howe & Co. v. SmithNorth Dakota Supreme Court · 1897

3Cited by1 opinion

  1. Kuntz v. PartridgeNorth Dakota Supreme Court · 1954

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