Moody v. Thwing
Supreme Court of Minnesota
Action to enforce a mechanic’s lien, brought in the district court for Hennepin county, and tried by Hooker, J., who ordered judgment for plaintiff against defendant Mary A. Thwing (wife of 'Joseph E.) for $260.07, and that the same be adjudged a lien, superior to a rnortgage held by defendant the London & Northwest American Mortgage Company, on certain described lots, with the usual directions for sale, etc. The defendants appeal from an order refusing a new trial.
1Opinion of the CourtGilfillan, C. J.
The complaint alleges, in effect, a statement of the accounts between plaintiff and the defendants Thwing, whereby a certain amount was found due the plaintiff, $290, subject to have deducted from it, as we understand it, any bills not yet paid by the Thwings that might afterwards be presented to and paid by them, for work or material on the buildings. Except as to any such outstanding bills that they might have to pay, the accounts were stated. The answer denies this, but does not allege anything, as mistake or fraud, to surcharge or falsify the account. Upon that the issue was simply, was…
2Cited by4 opinions
- Behrens v. KruseSupreme Court of Minnesota · 1916
- Barr v. LakeMissouri Court of Appeals · 1910
- Tate v. GairdnerSupreme Court of Georgia · 1903
- Knox v. PearsonSupreme Court of Kansas · 1902