Fairbanks, Morse & Co. v. Simmons

The opinion of the court was delivered by

Marshall, J.:

Defendants George W. Simmons and Cora Simmons appeal from a judgment obtained against them foreclosing a mechanic’s lien. . George W. Simmons contracted with Dennis D. Doty for the construction of a pumping plant on certain real property owned by defendants Simmons in Finney County. Doty was to receive his compensation on the completion of the plant and on its successful operation. Doty testified that he purchased from the plaintiff all the material listed in the itemized account attached to the petition; that the materia^ was used in the…