Legal Opinion

Kupfer v. McConville

North Dakota Supreme Court

Decided November 18, 1921PublishedCited by 3 opinions

From a judgment of the District Court of Dickey County, McKenna, J., plaintiffs appeal. Where an action for’ the foreclosure of a mechanic’s lien fails the plaintiff may sue upon a quantum meruit. Anderson v. Todd, 8 N. D. 1.58, 77 N. W. >599; Marchand v. Perrin, 19 N. D. 794, 124 N. W. 1114. The measure of such recovery is the contract price less compensation for imperfections of work or materials.

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From a judgment of the District Court of Dickey County, McKenna, J., plaintiffs appeal. Where an action for’ the foreclosure of a mechanic’s lien fails the plaintiff may sue upon a quantum meruit. Anderson v. Todd, 8 N. D. 1.58, 77 N. W. >599; Marchand v. Perrin, 19 N. D. 794, 124 N. W. 1114. The measure of such recovery is the contract price less compensation for imperfections of work or materials. Lighthall v. Colwell, 56 111. 108; Fuller v. Rice, 52 Mich. 436, 18 N. W. 204; Mosaic Tile Co. v. Chiera, 133 Mich. 498, 93 N. W. 537; Sheldon v. Lealy, 111, Mich. 39, 69 N. W. 76; Mathews v.…

1Opinion of the CourtChristianson, J.

Plaintiffs seek in this action to recover upon the quantum meruit for the labor and materials furnished to the defendant in drilling a well on his farm in Dickey county, in this state. The case *611was tried to a jury, and resulted in a directed verdict in defendant’s favor; and plaintiffs have appealed from the judgment entered upon the verdict.

The case before us is a sequel to Kupfer et al. v. McConville, 161 N. W. 283. In that action the plaintiffs sought to foreclose a mechanic’s lien filed by them for the construction of the well in controversy here. As stated in the opinion in that case,…

2Cases cited10 opinions

  1. Bowen v. KimbellMassachusetts Supreme Judicial Court · 1909
  2. Gillis v. CobeMassachusetts Supreme Judicial Court · 1901
  3. Sipley v. StickneyMassachusetts Supreme Judicial Court · 1906
  4. Carriere v. Merrick Lumber Co.Massachusetts Supreme Judicial Court · 1909
  5. Burke v. CoyneMassachusetts Supreme Judicial Court · 1905

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3Cited by3 opinions

  1. Nordin Construction Company v. City of NomeAlaska Supreme Court · 1971
  2. Nordin Construction Company v. City of NomeAlaska Supreme Court · 1971
  3. Stead v. ManhartNorth Dakota Supreme Court · 1921

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