Emery v. Hertig
Supreme Court of Minnesota
Appeal by defendants Hertig and the Merchants National Bank of St. Cloud from an order of the district court for Stearns county, Searle, J., denying their motion for a new trial. The facts are stated in the opinion. The word “for,” in the first line of G-. S. 1894, § 6229, means “intended for use in.” No lien can be maintained for finished articles of merchandise, which have been sold without reference to their use at a - fixed price to a contractor.
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Appeal by defendants Hertig and the Merchants National Bank of St. Cloud from an order of the district court for Stearns county, Searle, J., denying their motion for a new trial. The facts are stated in the opinion. The word “for,” in the first line of G-. S. 1894, § 6229, means “intended for use in.” No lien can be maintained for finished articles of merchandise, which have been sold without reference to their use at a - fixed price to a contractor. Esslinger v. Huebner, 22 Wis. 602; Duncan v. Bateman, 23 Ark. 327; Lanier v. Bell, 81 N. C. 837; Hill v. Bishop, 25 111. 349; Stockwell v.…
1Opinion of the CourtBuck, J.
Action to enforce a mechanic’s lien under Laws 1889, c. 200 (G. S. 1894, §§ 6229-6246). The Matt Breen Stone Works and Thomas M. Breen had a contract with the defendant Hertig to furnish the granite to be used in the construction of a building for the defendant bank, of which Hertig was the president. The evidence is not very clear or satisfactory as to whether Hertig made the contract with the Breen Stone Works and Breen for the bank in his representative capacity as president, or made it alone to inure to the use and for the benefit of the bank. While- Hertig testified that he made the…
2Cases cited2 opinions
- Cotes v. ShoreySupreme Court of Iowa · 1859
- Cabbott v. RadfordSupreme Court of Minnesota · 1871
3Cited by23 opinions
- Lamoreaux v. AnderschSupreme Court of Minnesota · 1915
- Johnson v. StarrettSupreme Court of Minnesota · 1914
- Weyerhaeuser Company v. Twin City Millwork Co.Supreme Court of Minnesota · 1971
- Armco Steel Corp. v. Chicago & North Western Railway Co.Supreme Court of Minnesota · 1967
- Mannington Carpets, Inc. v. HazelriggCourt of Appeals of Washington · 1999
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