Honstain Bros. v. Linden Investment Co.
North Dakota Supreme Court
Appeal from tbe District Court of Cavalier County, Honorable Chas. M. Cooley, Special Judge. “The name of the person by whom the claimant was employed, or to whom he furnished the materials, must be stated in the claim of the lien.”
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Appeal from tbe District Court of Cavalier County, Honorable Chas. M. Cooley, Special Judge. “The name of the person by whom the claimant was employed, or to whom he furnished the materials, must be stated in the claim of the lien.” Bloom, Mechanic’s Liens, p. 381; Hogan v. Bigler, 96 Pac. 97; Maderia Plume Co. v. Kendall, 52 Pac. 304. A mechanic’s lien being a creature of statute, every step prescribed by statute must be shown to have been substantially followed, or the lien does not exist. Stoltze v. Hurd, 20 N, D. 412. A party who sues on a special contract to recover compensation alleged…
1Opinion of the CourtBobinson, J.
The plaintiff brings this action to recover the balance for the construction of a grain elevator at Mowbray. Por such construction Donovan agreed to pay $7,000 and the excess freight over and above the cost of laying down the material at Wales, North Dakota. Such excess freight was $240.27; one sieve was $20.50; the total was $7,260.77. Defendant paid, by check, $4,000; he paid on freight $144.60, and he was given credit for unloading stone $10. The total *212credit is $4,154.60. The balance due is $3,106.17, which is the sum plaintiff is entitled to recover, with interest from October 18, 1908,…
2Cases cited3 opinions
- Kruse v. ScrippsIllinois Supreme Court · 1849
- Maguire v. BissellIndiana Supreme Court · 1889
- Cooper v. SmithIndiana Supreme Court · 1889