MacPherson v. Crum
North Dakota Supreme Court
Appeal by defendant from a judgment of tbe District Court of Cass County, Allen, Special Judge, awarding a foreclosure of a mechanic’s lien. The memorandum contract, plaintiff’s said exhibit 3, and the specifications, plaintiff’s exhibit 5, are by the express terms of plaintiff’s said exhibit 3 consolidated into one instrument. These papers must be interpreted together in construing the contract, as if they were both embodied in one paper. N. D. Comp.
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Appeal by defendant from a judgment of tbe District Court of Cass County, Allen, Special Judge, awarding a foreclosure of a mechanic’s lien. The memorandum contract, plaintiff’s said exhibit 3, and the specifications, plaintiff’s exhibit 5, are by the express terms of plaintiff’s said exhibit 3 consolidated into one instrument. These papers must be interpreted together in construing the contract, as if they were both embodied in one paper. N. D. Comp. Laws 1913, §§ 5901, 5902; Byers v. Farmers Ins. Co. 35 Am. Rep. 625; First Nat. Bank v. Flath, 10 N. D. 287. -Where the plans and…
1DissentBronson, J.
I dissent. This is an action to foreclose a mechanic’s lien. From the judgment of the trial court awarding a foreclosure the defendant appeals and demands a trial de novo in this court. The substantial facts are as follows: The plaintiff made a contract with the defendant for certain carpenter work and superintending in the construction of a dwelling for the defendant in the city of Fargo. Pursuant thereto he performed certain labor in such work between July 15, 1916, and December 15, 1916, and, claiming an unpaid balance due for such work amounting to $516.40, he subsequently filed a…
2Cases cited21 opinions
- Salzer Lumber Co. v. ClaflinNorth Dakota Supreme Court · 1907
- Powers Elevator Co. v. PottnerNorth Dakota Supreme Court · 1907
- Lavin v. BradleyNorth Dakota Supreme Court · 1890
- Goodrich Lumber Co. v. DavieMontana Supreme Court · 1893
- Wilcox v. WoodruffSupreme Court of Connecticut · 1891
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