Legal Opinion

Butler-Ryan Co. v. Silvey

Supreme Court of Minnesota

Decided December 20, 1897No. Nos. 10,902-(172)PublishedCited by 4 opinions

Action in the district court for St. Louis county to foreclose a mechanic’s lien. Defendant Realty Company, owning certain premises in Duluth, leased the same for 99 years to defendant Silvey.

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Action in the district court for St. Louis county to foreclose a mechanic’s lien. Defendant Realty Company, owning certain premises in Duluth, leased the same for 99 years to defendant Silvey. In November, 1894, he contracted with plaintiff for the erection of a building thereon for $82,645. The contract provided that after payment of $58,645, of the remaining $24,000 of the contract price $14,000 was to be taken by plaintiff in 12-months notes of Silvey and upon the terms mentioned in the opinion. The contract provided that the acceptance of these notes should not be construed as waiving the…

1Opinion of the CourtMitchell, J.

This was an action to enforce a mechanic’s lien for work performed and material furnished in the erection of a building pursuant to the provisions of the contract Exhibit 1 of the answers. The appealing defendants acquired their respective interests in the property after the execution of this contract and after the construction of the building had been commenced.

The court made some 13 or more findings of fact. The only assignment of error is tO' the effect that the decision of the court was not justified by the evidence, and was contrary to law. This is insufficient to call in question the…

Also in this document: Per curiam.

2Cases cited5 opinions

  1. Smith v. KippSupreme Court of Minnesota · 1892
  2. Moody v. TschaboldSupreme Court of Minnesota · 1892
  3. Flenniken v. LiscoeSupreme Court of Minnesota · 1896
  4. Dallemand v. SwensenSupreme Court of Minnesota · 1893
  5. In re GranstrandSupreme Court of Minnesota · 1892

3Cited by4 opinions

  1. Nye v. KahlowSupreme Court of Minnesota · 1906
  2. Parish v. City of St. PaulSupreme Court of Minnesota · 1901
  3. Pittsburgh Plate Glass Co. v. BrownSupreme Court of Minnesota · 1932
  4. Therkeldsen v. DorfnerSupreme Court of Minnesota · 1911

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