Frank J. Trunk & Son, Inc. v. DeHaan

MR. JUSTICE JOHN C. HARRISON

delivered the Opinion of the Court.

This is an appeal by Frank J. Trunk & Son., Inc., hereinafter referred to as plaintiff from a judgment of the District Court of Gallatin County, Montana, wherein the plaintiff filed an action to foreclose a mechanic’s lien. The lower court found for the defendants DeHaan for the reason that the lien was not filed within the statutory period of ninety days.

The facts giving rise to this appeal are as follows: In April of 1960, the defendants DeHaan contracted with the defendant Joe Stransky, a contractor, for certain labor and…