Bassett v. Menage

• Decision Date: 29 December 1892
• Parties: BASSETT ET AL. v MENAGE ET AL.
• Court: Minnesota Supreme Court

52 Minn. 121

53 N.W. 1064

BASSETT ET AL.vMENAGE ET AL.

Supreme Court of Minnesota.

Dec. 29, 1892.

(Syllabus by the Court.)

1. M. sold to K. a certain building, agreeing at the same time to remove and completely rebuild it upon a lot belonging to the latter. M. then contracted with one N. to furnish all materials needed, and to perform the necessary labor, in accordance with the terms of his agreement with K. N. failed to complete the reconstructionof the building as agreed upon, and also allowed lien claims to be filed against the property for materials furnished to him for use in rebuilding. Held, in an action to foreclose the liens, that a mortgage given by K. to secure the payment of his note to M. for the amount agreed upon as the price of the completed building was secondary to the liens of the material men, and that, as between M. and K., the former was liable to the latter, for the failure of N to complete his contract.

2. In an action to foreclose a mechanic's lien, incumbrancers should be made parties, and all equities which may exist in favor of mortgagors should be determined, and the rights of mortgagees fully adjudicated.

3. In one of the lien statements the premises on which a lien was claimed were described as “Lot 3, in block 51, St. Louis Park addition to Minneapolis, Minnesota, according to a plat thereof on file and of record in the office of the register of deeds of said Hennepin county.” Held, a sufficient identification and description of “Lot 3, in block 51 A, St. Louis Park Center, Hennepin county, according to a plat thereof on file and of record in the office of the register of deeds of said county,” belonging to defendant K., on which the materials were used, there being no other plat on file or of record in said office to which the description found in the statement could be applied.

Appeal from district court, Hennepin county; CANTY, Judge.

Action by Joel B. Bassett and others, copartners as J. B. Bassett & Co., against Louis F. Menage and Andrew Nilson and others, to foreclose a mechanic's lien on property mortgaged to defendant Menage. Judgment was rendered subordinating the mortgage to the liens. From an order refusing a new trial, defendant Menage appeals. Affirmed.

Chas. J. Bartleson, for appellant.

R. H. Day and Day & Enches, (L. J. Van Fessen and Van Fessen, Frost & Brown, of counsel,) for respondents.

COLLINS, J.

This was an action to foreclose a mechanic's lien, several of the answering defendants being lien claimants. The facts were that defendant Kommers had contracted for the purchase of lot 3, in block 51 A, St. Louis Park Center, Hennepin county, according to a plat thereof on file and of record in the office of the register of deeds of said county, while defendant Menage was the owner of a hotel building, some two miles distant, which he desired to sell. Negotiations were carried on between these parties, so that when Kommers procured a deed to the lot, April 13, 1891, a trade was closed immediately, whereby the latter agreed to give $2,500 for the building, removed and reconstructed upon his lot, and he thereupon executed and delivered to Menage his note for that sum, secured by a mortgage upon the lot. The mortgage was recorded on April 15th, and in point of time antedates any of the lien claims. It seems that a bargain had previously been made by and between Menage and defendant Nilson whereby the latter was to take down, remove, and rebuild the hotel for the sum of $1,500, furnishing all materials, and performing all necessary labor. A written contract to this effect, specifying in detail just what was to be done by Nilson, was executed by the latter and Menage on April 13th. Armed with this contract, Nilson purchased the materials involved in these lien claims, that he might carry out the same. The building was removed and reconstructed upon Kommers' lot, and Menage, it is admitted, paid to Nilson, and, upon his order, to those who worked upon the job, and to those who furnished materials, the full amount of the contract price, $1,500. The court below subordinated the mortgage to the liens, and this is the principal question on appeal.

Menage did not agree with either Kommers or Nilson to furnish $1,500...