Adamsen Construction Company v. Altendorf

STRUTZ, Chief Justice.

The plaintiff entered into a verbal contract with the defendant Elmer Altendorf to furnish labor, and materials for certain repairs to a potato warehouse on property belonging to the defendant Elmer Alten-dorf and his brother, the defendant Leo Altendorf. By this contract, the defendant Elmer agreed to pay $1,973 for such materials and repairs. A lis pendens was filed September 19, 1962, describing the property and stating that the action was to foreclose a mechanic’s lien upon the property.

Both of the defendants were served personally with summons and complaint on…