Fuhrman v. Frech

• Court: Indiana Appellate Court
• Writing for the Court: IBACH, P.J.
• Citation: Fuhrman v. Frech, 60 Ind. App. 349, 109 N. E. 781 (Ind. App. 1915)
• Decision Date: 06 October 1915
• Docket Number: 8,642
• Parties: FUHRMAN v. FRECH ET AL

109 N.E. 781

60 Ind.App. 349

FUHRMAN v. FRECH ET AL

No. 8,642

Court of Appeals of Indiana

October 6, 1915

Rehearing denied December 17, 1915.

From Superior Court of Allen County; Carl Yaple, Judge.

Action by August Fuhrman against William Frech and another. From a judgment for defendants, the plaintiff appeals.

Affirmed.

William Fruechtenicht and Creighton H. Williams, for appellant.

Thomas & Townsend, for appellees.

OPINION

IBACH P.J.

Action by appellant against appellees to recover a money judgment for a balance claimed to be due appellant from appellees for construction by appellant of a dwelling house on a lot owned by appellees, and to enforce a mechanic's lien for the amount due. The only error properly presented is the overruling of appellant's motion for new trial, for the reasons that the decision of the court is not sustained by sufficient evidence and is contrary to law.

Appellant was the original contractor, and contracted to "transfer same (house) to first party, clear of all claims or incumbrances within ninety days from date." Appellees contend that appellant's right to a mechanic's lien was cut off by this language of the contract. Appellant urges that this was only an engagement to transfer the house clear of claims or incumbrances by others, but did not prevent the contracting party from asserting a lien for debts due him. The question has been disposed of in the case of Carson etc., Co. v. Cleveland, etc., R. Co. (1914), 57 Ind.App. 357, 105 N.E. 503. In that case a subcontractor entered into a contract with the original contractor, and agreed to keep the building free and clear of all mechanic's liens on account of any work, labor or materials furnished by the party of the second part. It was claimed that this was...