Johnson & Peterson, Inc. v. Toohey

Murphy, Justice.

This is an appeal from a judgment of the district court in a mechanics lien foreclosure action in which the trial court found that the lien of John W. Lund, a materialman, was not timely filed but granted Lund a personal judgment against the owners of the property for the reasonable value of labor and material supplied. Defendants Thomas J. and Gloria Toohey, owners of the property for which the labor and material were furnished, appeal, contending there was no express or implied contractual relationship between them and the supplier to warrant a personal judgment. Lund’s…