Friedlander v. Taintor
North Dakota Supreme Court
Appeal from District Court, Walsh county; Kneeshaw, J. Action by Jacob Friedlander against John B. Taintor. Judgment for plaintiff, and defendant appeals. The services of an. architect in drawing plans and specifications for the construction of a. house, directing the builder in charge of the work, cannot be called “work or labor upon a building.” Raeder v. Bensberg, 6 Mo. App. 445; Murphy v. Murphy, 22 Mo. App. 18; Bank of Pennsylvania v. Gries, 35 Pa.
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Appeal from District Court, Walsh county; Kneeshaw, J. Action by Jacob Friedlander against John B. Taintor. Judgment for plaintiff, and defendant appeals. The services of an. architect in drawing plans and specifications for the construction of a. house, directing the builder in charge of the work, cannot be called “work or labor upon a building.” Raeder v. Bensberg, 6 Mo. App. 445; Murphy v. Murphy, 22 Mo. App. 18; Bank of Pennsylvania v. Gries, 35 Pa. St. 423. Simply providing plans and specifications does not entitle one to a mechanic’s lien. Price v. Kirk, 90 Pa. St. 47; Rush v. Able, 90…
1Opinion of the CourtYoung, J.
The plaintiff brought this action- to foreclose a mechanic’s lien upon a certain two-story store and office building situated in the city of Park River. The findings and judgment of the trial -court were in plaintiff’s favor. The defendant has appealed from- the judgment, and assigns error upon the judgment roll proper.
The trial court 'found, among other things, that the plaintiff furnished plans and specifications for, and superintended- the construction of said building, pursuant to a contract with the defendant, -under the terms of which the plaintiff was to- be paid for his services 3 per…
2Cases cited11 opinions
- Stryker v. . CassidyNew York Court of Appeals · 1879
- Knight v. NorrisSupreme Court of Minnesota · 1868
- Gardner v. LeckSupreme Court of Minnesota · 1893
- Von Dorn v. MengedohtNebraska Supreme Court · 1894
- Field v. Consolidated Mineral Water Co.Supreme Court of Rhode Island · 1903
6 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Moore-Mansfield Construction Co v. Indianapolis, Newcastle & Toledo Railway Co.Indiana Supreme Court · 1913
- Buckingham v. FlummerfeltNorth Dakota Supreme Court · 1906
- Paterson v. CondosNevada Supreme Court · 1934