Carey-Lombard Lumber Co. v. Bierbauer
Supreme Court of Minnesota
Action begun in 1894 in the district court for Blue Earth county to recover $298.72 for materials furnished for the construction of a dwelling house, under a contract made in 1893 with defendant Kotthoff, and to enforce a mechanic’s lien for that amount. The case was tried before Severance, J., who made findings of fact and, as conclusions of law, found that plaintiff was entitled to judgment against defendant Kotthoff for $394.63, but was not entitled to a lien.
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Action begun in 1894 in the district court for Blue Earth county to recover $298.72 for materials furnished for the construction of a dwelling house, under a contract made in 1893 with defendant Kotthoff, and to enforce a mechanic’s lien for that amount. The case was tried before Severance, J., who made findings of fact and, as conclusions of law, found that plaintiff was entitled to judgment against defendant Kotthoff for $394.63, but was not entitled to a lien. From an order denying a motion for a new trial, plaintiff appealed. The interest of one in possession, who under a contract of…
1Opinion of the Court
■COLLINS, J.
Action to foreclose a lien for material furnished for a dwelling house erected under a contract between defendant Kotthoff and ■defendant A. G. Bierbauer, the other defendant, Lillie, being his *436wife. The court, upon findings of fact, ordered a personal judgment against Kotthoff, who was the contractor, but refused judgment for a lien. It was error for the court below to deny plaintiff a lien on the property in question to the extent claimed, namely, upon the interest, whatever it might be, of the defendants Bierbauer in the premises.
The facts as found by the court were that…
2Cases cited4 opinions
- Brown v. HoagSupreme Court of Minnesota · 1886
- Slingerland v. SlingerlandSupreme Court of Minnesota · 1888
- Pfiffner v. Stillwater & St. Paul RailroadSupreme Court of Minnesota · 1877
- Mournin v. TrainorSupreme Court of Minnesota · 1895
3Cited by2 opinions
- C. W. Stark Lumber Co. v. SetherSupreme Court of Minnesota · 1977
- Pudwill v. Bismarck Lumber CompanyNorth Dakota Supreme Court · 1958