State Loan Co. v. White Earth Coal Mining Brick & Tile Co.
North Dakota Supreme Court
Appeal from the District Court of Mountrail County, FranJc E. Fish, J. Under our statute a materialman lias a lien upon the land to improve which the materials were furnished under a contract with the owner thereof, for the value of the materials furnished, though the same were not used for or in such improvement or at all. Eev. Codes 1905, §§ 6237, 6271, Comp.
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Appeal from the District Court of Mountrail County, FranJc E. Fish, J. Under our statute a materialman lias a lien upon the land to improve which the materials were furnished under a contract with the owner thereof, for the value of the materials furnished, though the same were not used for or in such improvement or at all. Eev. Codes 1905, §§ 6237, 6271, Comp. Laws 1913, §§ 6814, 6851; Totten & IL Iron & Steel Foundry Co- v. Muneie Nail Co-. 148 Ind. 372, 47 N. E. 703; Schlosser v. Moores, 16 N. D. 185, 112 N. W. 78. The materials were furnised by appellant in accordance with its contract…
1Opinion of the CourtBurke, J.
This is a trial de novo, and the facts upon which this ■opinion is based are either undisputed or determined by us. The defendant coal company at all the times hereinafter mentioned was the owner of the N. W. of section 15, 156-94, and apparently was the lessee of the N. E. ¿ of section 16, adjoining. This latter tract is a ■school section. On the 13th of November, 1908, the coal company made a contract with the St. Anthony & Dakota Elevator Company to furnish ■certain building materials to the value of $1,145.90, which were to be used in erecting buildings at or near the opening of the mine.…
2Cases cited12 opinions
- Bohn Manufacturing Co. v. KountzeNebraska Supreme Court · 1890
- Burns v. SewellSupreme Court of Minnesota · 1892
- Kay v. TowsleyMichigan Supreme Court · 1897
- Berger v. TurnbladSupreme Court of Minnesota · 1906
- Small v. FoleyColorado Court of Appeals · 1896
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3Cited by2 opinions
- Reichert v. Northern Pacific Railway Co.North Dakota Supreme Court · 1917
- McCaull-Webster Elevator Co. v. AdamsNorth Dakota Supreme Court · 1918