Stokes v. Green
South Dakota Supreme Court
Appeal from circuit court, Pennington county. Hon. Wm. Gardner, Judge. Action to foreclose a mechanic’s lien. Plaintiff had judgment and defendants Samuel and Martin appeal. The facts are stated in the opinion. The validity of the lien was not affected by the inclusion, through mistake, of certain items disallowed by the court, such items being easily separable from the proper items.
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Appeal from circuit court, Pennington county. Hon. Wm. Gardner, Judge. Action to foreclose a mechanic’s lien. Plaintiff had judgment and defendants Samuel and Martin appeal. The facts are stated in the opinion. The validity of the lien was not affected by the inclusion, through mistake, of certain items disallowed by the court, such items being easily separable from the proper items. North v. LaFlesh (Wig.), 41 N. W. 633;' Dennis v. Smith (Minn.), 38 N. W. 695; McMonagle v. Wilson (Mich.), 61 N. W. 496. .
1Opinion of the CourtCorson, P. J.
This was an action to foreclose a mechanic’s lien. The case was tried by the court without a jury, judgment was rendered in favor of the plaintiff, and from this judgment the defendants Samuel and Martin appeal. The only questions presented by the assignment of errors are that the complaint and findings do not support the judgment, and that there is a fatal variance between the complaint and findings of fact.
The proposal accepted, constituting the contract relied on, is as follows: “Mr. Ed. E. Samuels, Chicago, 111. — Dear Sir: I will complete the foundation for your mill site, including the…
2Cases cited8 opinions
- Lamont v. LeFevreMichigan Supreme Court · 1893
- Fitzgerald v. BrandtNebraska Supreme Court · 1893
- Kent v. Dakota Fire & Marine InsuranceSouth Dakota Supreme Court · 1891
- North v. La FleshWisconsin Supreme Court · 1889
- McMonegal v. WilsonMichigan Supreme Court · 1894
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3Cited by1 opinion
- Grimsrud Shoe Co. v. JacksonSouth Dakota Supreme Court · 1908