Tom Sweeney Hardware Co. v. Gardner
South Dakota Supreme Court
Appeal from circuit court, Pennington county; Hon. Levi McGee, Judge. Action by the Tom Sweeney Hardware Company against Charlotte Gardner and others. Prom a judgment in favor of plaintiff, defendant Gardner and certain of the other defendants appeal.
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Appeal from circuit court, Pennington county; Hon. Levi McGee, Judge. Action by the Tom Sweeney Hardware Company against Charlotte Gardner and others. Prom a judgment in favor of plaintiff, defendant Gardner and certain of the other defendants appeal. Our statute restricts the right to persons who do labor or furnish material, “by virtue of any contract with the owner, his agent, trustee, contractor, or subcontractor. ” Hence to be entitled to a lien, it is necessary not merely to perform labor or furnish materials, but to do it by virtue of the prescribed contract. “It is the contract with…
1Opinion of the CourtCorson, P. J.
This is an action to enforce a mechanic’s lien for repairs upon property situated in Rapid City, known as the “Lakota Bank Building.” The case was tried by the court without a jury, and its findings of fact and conclusions of law were in favor of the plaintiff, and the defendant Charlotte Gardner, C. S. McLaury and J. L. McLaury have appealed to this court.
The court found that from the 27th day of April, 1895, to December 14, 1895, Ernestine Flormann and Charlotte Gardner were the owners in common of the said property, each owning a one-half interest; that on the 27th day of April, 1895, the…
2Cases cited10 opinions
- Randall v. Burk TownshipSouth Dakota Supreme Court · 1893
- Ward v. Ward's HeirsWest Virginia Supreme Court · 1895
- Pinkerton v. Le BeauSouth Dakota Supreme Court · 1893
- Baird v. JacksonIllinois Supreme Court · 1881
- Des Moines Manufacturing & Supply Co. v. Tilford Milling Co.South Dakota Supreme Court · 1897
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3Cited by3 opinions
- Finlen v. HeinzeMontana Supreme Court · 1905
- Korte v. LangSouth Dakota Supreme Court · 1933
- Nelson v. Consolidated Sand & Stone Co.South Dakota Supreme Court · 1932