Floete Lumber Co. v. Hodges
South Dakota Supreme Court
Appeal from County Court, Charles Mix County. Hon. Robert B. Tripp, Judge. Action by the Floete Lumber Company against Harry Hodges and wife and the Farmers’ State Bank, to foreclose a mechanic’s lien. From a judgment in part for plaintiff, 'defendant Hodges and his wife appeal, and plaintiff takes a cross-appeal.
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Appeal from County Court, Charles Mix County. Hon. Robert B. Tripp, Judge. Action by the Floete Lumber Company against Harry Hodges and wife and the Farmers’ State Bank, to foreclose a mechanic’s lien. From a judgment in part for plaintiff, 'defendant Hodges and his wife appeal, and plaintiff takes a cross-appeal. A house is such a habitation as is usually inhabited by human beings belonging to the same race and same standard of civilization as those who enacted the law in question. A mere basement is not a house within the meaning of the statute. At the time the materials were being…
1Opinion of the CourtMcCO-Y, J.
This case was tried to the court without a jury upon an agreed statement of fact, and findings and judgment rendered in favor of plaintiff, from which the defendants Ha-rry and Jessie Hodges appeal. It appears that the defendant Harry Hodges is the owner of about 13 acres of land, in one parcel, and mostly situated within the corporate limits of the city of Platte, but which -parcel of land has never been subdivided into town lots or blocks; that said Harry Bodges entered into a written contract with Wiggins & Branson, contractors, to erect and construct a dwelling house upon said parcel of…
2Cited by3 opinions
- O'Neill v. BennettSouth Dakota Supreme Court · 1921
- Atlas Lumber Co. v. SemmlerSouth Dakota Supreme Court · 1925
- Wilson v. Hayes-Lucas Lumber Co.South Dakota Supreme Court · 1926