Schoenman Bros. v. Loffer
South Dakota Supreme Court
Appeal from Circuit Court, .Minnehaha County. Hon. John T. Medin, Presiding Judge. Action by 'Sehoenman Brothers Company, a corporation, against Delia Loffer‘and others (impleaded with ¿Smith Hardware and Harness Company, T. G. (Cook, H. W. Claus, E. L. Smith, Holland -Furnace Company, Eilbert O'dson, -Home Building Company, and J. R. Woolridge,) to foreclose a mechanic’s lien.
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Appeal from Circuit Court, .Minnehaha County. Hon. John T. Medin, Presiding Judge. Action by 'Sehoenman Brothers Company, a corporation, against Delia Loffer‘and others (impleaded with ¿Smith Hardware and Harness Company, T. G. (Cook, H. W. Claus, E. L. Smith, Holland -Furnace Company, Eilbert O'dson, -Home Building Company, and J. R. Woolridge,) to foreclose a mechanic’s lien. From a judgment for Plaintiff, and from, an order denying a new trial, defendants Della Lioffer, H. I. Loffer, and Union Savings Association appeal. (3) To point three, Appellant cited: Waples on Homestead and…
1Opinion of the CourtWhiting, J.
Plaintiff brought this action seeking to foreclose an alleged mechanic’s lien against property the title to which stood in the name of the defendant Della Loffer. Findings, con*235elusions, and judgment were against plaintiff. From the judgment and from an order denying a new trial, this appeal was taken.
[1] Section 1643, 'Rev. Code 1919, provides among other things, that one who contributes miaterial for improvements on real estate, “whether under a contract with the owner of such real estate or at the instance of any agent * * * of such owner, shall have a lien. * * *”
Plaintiff wholly failed to…
2Cases cited1 opinion
- Churchill & Alden Co. v. RamseySouth Dakota Supreme Court · 1919
3Cited by1 opinion
- Franklin v. Superior CourtCalifornia Court of Appeal · 1950