L. P. Larson Real Property Co. v. Norris-Lyddon Produce Co.

The decree postponed the mechanic’s lien of LuehrsChristensen Lumber & Coal Company, herein called the cross-petitioner, until the sale should first satisfy plaintiff’s two mortgages. Cross-petitioner appealed.

The evidence shows that on or about November 19, 1931, plaintiff sold to defendant certain lots on which was located a vacant building, and put defendant in possession. The terms were set forth in a written contract, a copy of which was retained by each party. But at the time of the trial both copies had been lost and so there was some oral testimony as to their contents. On April 1,…