Squier v. Mitchell
South Dakota Supreme Court
Appeal from Circuit Court, layman County. Hon. William Williamson, Judge. Action by E. L. Squier against George W. Mitchell and W. H. Pratt, Jr., to foreclose a mechanic’s lien. From a judgment for plaintiff, defendants appeal. Evidence fails to show M. E. Noonan or M. F. Noonan to be agents of defendants for procuring materials or labor. To bind defendants a contract either express or -implied must have been made with plaintiff.
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Appeal from Circuit Court, layman County. Hon. William Williamson, Judge. Action by E. L. Squier against George W. Mitchell and W. H. Pratt, Jr., to foreclose a mechanic’s lien. From a judgment for plaintiff, defendants appeal. Evidence fails to show M. E. Noonan or M. F. Noonan to be agents of defendants for procuring materials or labor. To bind defendants a contract either express or -implied must have been made with plaintiff. It is not contended by plaintiff, or Wynans who represents him, that Mr. Mitchell or any of the defendants ever gave any assurance -that they would pay any bills…
1Opinion of the CourtMcCO'Y, J.
This is an action to foreclose a mechanic’s lien for labor alleged to have been performed in painting portions of a hotel building owned by defendants Mitchell and Pratt. Findings and judgment were in favor of plaintiff, and defendants appeal.
[1] It is urged that the evidence is insufficient to sustain the findings. There was much sharp conflict in the evidence as to whether or not the said owners of said hotel authorized Noonan and wife, occupants of said hotel, to employ plaintiff to do said paintink. Findings of fact based on conflicting evidence will not be disturbed on appeal, unless…
2Cited by11 opinions
- St. John's First Lutheran Church v. StorsteenSouth Dakota Supreme Court · 1957
- Keeley Lumber and Coal Co. v. DunkerSouth Dakota Supreme Court · 1956
- Furst & Thomas v. ElliottIdaho Supreme Court · 1936
- Colomb v. First National BankSouth Dakota Supreme Court · 1926
- Hipple v. StrohbehnSouth Dakota Supreme Court · 1921
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