Johnson v. Starrett
Supreme Court of Minnesota
Action in the district court for Hennepin county against Lewis II. Starrett and Abraham L. Oornman, doing business as Starrett & Oornman, and Hennepin Avenue Methodist Episcopal Church, to foreclose a lien for $451.12 for materials furnished defendant corporation and by a sale of the premises therefor. The Schurmeier Wagon Oo. and others intervened.
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Action in the district court for Hennepin county against Lewis II. Starrett and Abraham L. Oornman, doing business as Starrett & Oornman, and Hennepin Avenue Methodist Episcopal Church, to foreclose a lien for $451.12 for materials furnished defendant corporation and by a sale of the premises therefor. The Schurmeier Wagon Oo. and others intervened. The case was tried before Hale, J., who denied the motion of defendant church for the dismissal of the intervener’s claims, and made findings and ordered judgment in favor of plaintiff and the several interveners, granting each of them a lien and…
1Opinion of the CourtPhilip E. Beown, J.
The trial court held that plaintiff and the interveners were all •entitled to liens on defendant’s realty for materials furnished, for the full amounts claimed. Defendant appealed from an order denying a new trial. The undisputed facts are:
Defendant, being the owner of a lot in Minneapolis, contracted on December 4, 1912, with Starrett & Cornman, for its excavation by them for the purpose of erecting a church. The terms of the contract do not appear. Between that date and March 5, 1913, the contractors were engaged in doing the excavating. The work was done with a portable steam-power…
2Cases cited20 opinions
- Schaghticoke Powder Co. v. Greenwich & Johnsonville Railway Co.New York Court of Appeals · 1905
- Chicago Lumber Co. v. DouglasSupreme Court of Kansas · 1913
- George H. Sampson Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1909
- Barker & Stewart Lumber Co. v. Marathon Paper Mills Co.Wisconsin Supreme Court · 1911
- Giant Powder Co. v. San Diego Flume Co.California Supreme Court · 1889
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- Associated Oil Co. v. Commary-Peterson Co.California Court of Appeal · 1917
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