Guy T. Bisbee Co. v. Granite City Investing Corp.

LrEES, C.

Appeal from the denial of a new trial of an action for the foreclosure of mechanics’ liens on the Breen Hotel in the city of St. Cloud.

Appellant claims that the lien of a mortgage it holds has priority over respondents’ liens because they waived their right to claim priority. In its answer appellant alleged that the hotel was in process of construction when the owner applied for a loan of $175,-000, to be secured by a mortgage, and that appellant refused to make the loan unless respondents’ liens were removed or made subordinate to the mortgage. It alleged that thereupon the…