Dennis v. Smith
Supreme Court of Minnesota
Plaintiffs brought this action in the district court for Murray county to enforce a lien for boilers, engine, and machinery for a flouring-mill. The complaint alleges two contracts between plaintiffs and Smith, the owner of the land and building, the first, in writing, for certain specified machinery and materials, at the price of $955, and the second, of later date, for such additional machinery and material as Smith should require for the mill.
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Plaintiffs brought this action in the district court for Murray county to enforce a lien for boilers, engine, and machinery for a flouring-mill. The complaint alleges two contracts between plaintiffs and Smith, the owner of the land and building, the first, in writing, for certain specified machinery and materials, at the price of $955, and the second, of later date, for such additional machinery and material as Smith should require for the mill. This second contract was oral, and the complaint alleges that, under it, plaintiffs furnished material to the amount of $441.71. Attached to the…
1Opinion of the CourtMitchell, J.
This was an action to enforce a mechanic’s lien for material and machinery for the construction of a mill, furnished to the owner under one entire contract, partly written and partly oral. *496The principal question in the case is whether the commingling of lien-able and non-lienable items in the account filed destroys the lien. If the whole had been furnished for a round sum, so that it would be impossible to determine what part of the contract price is applicable to the lienable and what to the non-lienable items, then, as there could be no lien for the whole, there probably could be none for a…
2Cases cited1 opinion
- Farmers' Bank v. WinslowSupreme Court of Minnesota · 1859
3Cited by5 opinions
- Maynard v. IveyNevada Supreme Court · 1892
- Peatman v. Centerville Light, Heat & Power Co.Supreme Court of Iowa · 1898
- Aaby v. Better Builders, Inc.Supreme Court of Minnesota · 1949
- Bruce v. LennonSupreme Court of Minnesota · 1893
- Stokes v. GreenSouth Dakota Supreme Court · 1897