Bohn v. McCarthy
Supreme Court of Minnesota
The ease containing the facts in this action was agreed upon by the parties, and submitted to the district court for Bamsey county, under Gen. St. 1878, c. 82, § 7. The plaintiffs, having furnished materials to be and which were used in the erection and construction of a house, and not having received payment for the same from the contractor building the house, seek to recover the price of such materials from the defendants, as sureties upon the contractor’s bond, which was…
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The ease containing the facts in this action was agreed upon by the parties, and submitted to the district court for Bamsey county, under Gen. St. 1878, c. 82, § 7. The plaintiffs, having furnished materials to be and which were used in the erection and construction of a house, and not having received payment for the same from the contractor building the house, seek to recover the price of such materials from the defendants, as sureties upon the contractor’s bond, which was executed, approved and filed in- accordance with Gen. St. 1878, c. 90, § 3, and a notice of the existence of which was…
1Opinion of the CourtDickinson, J.
By amendment in 1878, (Laws 1878, c. 3,) the statute relating to mechanics’ liens (Gen. St. 1878, c. 90) was extended in favor of subcontractors and laborers in the employ of those contracting directly with the owner for the construction or repair of the various structures in the statute mentioned, (excepting railway structures, in respect to which specific provision is made.) As amended, section 1 *24of the statute provides for a lien in favor of parties furnishing materials or performing service under a contract or agreement with the owner of the property.
Section 2, so far as need be stated,…
2Cases cited2 opinions
- Blauvelt v. . WoodworthNew York Court of Appeals · 1865
- O'Neil v. St. Olaf's SchoolSupreme Court of Minnesota · 1880
3Cited by12 opinions
- Jones v. Great Southern Fireproof Hotel Co.Court of Appeals for the Sixth Circuit · 1898
- Laird v. MoonanSupreme Court of Minnesota · 1884
- Hoff v. First State Bank of WatsonSupreme Court of Minnesota · 1928
- Berger v. TurnbladSupreme Court of Minnesota · 1906
- Stewart-McGehee Construction Co. v. Brewster & Riley Feed Manufacturing Co.Supreme Court of Arkansas · 1926
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