Estate of Mohr

I do not concur in holding that F. E. Burbach was guilty of negligence because he erred in believing that January 3, 1930, was the correct date of the last charge for labor and materials, under the Allen contract; and that, therefore, the period for filing an affidavit to extend the time for'commencing an action for the foreclosure of the lien was to be computed from that date, instead of December 17, 1929. It is undisputed that that last charge was entered on the books of the lumber-yard business, of which Burbach was manager, under date of January 3, 1930, by some one who presumably did so…