Vorrath v. Garrelts

I dissent. I am convinced from a review of the record, that the errors made in plaintiff’s statement of account and lien were inadvertent and not made in bad faith. I am also convinced that since there is evidence to support the trial judge’s finding on this issue, that determination should not be disturbed on appeal unless *467shown to be clearly erroneous. Morman v. Ryskamp (1926), 235 Mich 140.

It has long been held that unintentional errors which result in overstatement of the amount due from the recalcitrant debtor will not defeat a mechanic’s lien. McMonegal v. Wilson (1894), 103 Mich 264;…