Langworthy Lumber Co. v. Hunt
North Dakota Supreme Court
Appeal from District Court, Wells county; Burke, J. Action by the Langworthy Lumber Company against Mark Hunt and Henrietta C. Hunt. Judgment for defendants, and plaintiff appeals.
Read the full summary
Appeal from District Court, Wells county; Burke, J. Action by the Langworthy Lumber Company against Mark Hunt and Henrietta C. Hunt. Judgment for defendants, and plaintiff appeals. A subcontractor has a lien irrespective of the state of the account between the owner and contractor. 27 Cyc. 90; Robertson Lumber Co. v. State Bank of Edinburg, 105 N. W. 719. If the owner pays the contractor during the ninety days after the material is furnished, or thereafter, after a lien is filed, he does so at his peril. 27 Cyc. 90; Albright v. Smith, 51 N. W. 590, 2 S. D. 577; Albright v. Smith, 54 N. W.…
1Opinion of the CourtSpalding, J.
This action was tried by the court, and is here ' for tnal de novo. The defendants had'judgment, and plaintiff appeals. It is an action brought to foreclose a mechanic’s lien upon lots 17 and 18, in block 3 of Chess & Lloyd’s addition to the city of Fessenden, Wells county, N. D. The evidence is conflicting as to some facts, but, as we regard it, these conflicts are of no importance. Our decision must be based solely upon questions of law.
As far as material to our decision, the facts appear as follows: Title to the lots described stood in defendant Mark Hunt. He had deeded the same to his…
2Cases cited3 opinions
- Salzer Lumber Co. v. ClaflinNorth Dakota Supreme Court · 1907
- Red River Lumber Co. v. Children of IsrælNorth Dakota Supreme Court · 1897
- Robertson Lumber Co. v. State BankNorth Dakota Supreme Court · 1905
3Cited by1 opinion
- Larson v. HenriksenNorth Dakota Supreme Court · 1928