Northwestern Lumber & Wrecking Company v. Parker
| Decision Date | 14 June 1912 |
| Docket Number | 17,581 - (98) |
| Citation | 136 N.W. 855,118 Minn. 211 |
| Parties | NORTHWESTERN LUMBER & WRECKING COMPANY v. ELIZABETH F. PARKER and Others |
| Court | Minnesota Supreme Court |
Action in the district court for Hennepin county to foreclose a mechanic's lien for $92.87, and to determine plaintiff's lien claim superior to the rights of defendant Parker, the owner, and paramount to any other lien on the premises, and that the premises be sold to satisfy the liens. The case was tried before Dickinson, J., who made findings and as conclusions of law found that defendant H.O Roberts Company was entitled to judgment against C.C. Whitney Pure Food Company in the sum of $822.64; that defendant Gardner Hardware Company was entitled to judgment against defendant C.C. Whitney Pure Food Company in the sum of $153 that defendant Roberts Company was entitled to $25 attorney's fees; that defendant Hardware Company was entitled to $10 attorney's fees; that the judgments were co-ordinate, specific first liens upon the premises and prior to any right of defendant C.C. Whitney Pure Food Company that H.O. Roberts and Gardner Hardware Company were entitled to have the property sold and proceeds used to satisfy their respective judgments, and that if the amount realized was insufficient to pay the liens the net proceeds should be distributed pro rata between them. From an order granting defendant Parker's motion for a new trial, defendant Roberts Company and defendant Hardware Company appealed. Affirmed.
Foreclosure of mechanic's lien -- grant of new trial -- discretion of court.
In an action to foreclose a mechanic's lien the facts are stated, and an order granting a new trial on the ground that the findings of the court were not sustained by the evidence, and the further ground of newly discovered evidence, held not an abuse of discretion.
A. E. Helmick, Wright & Matchan, and John A. Sweeney, for appellants.
J. H. Green and James M. Pulliam and Mead & Bryngelson, for respondent Elizabeth F. Parker.
Action to foreclose a mechanic's lien, in which judgment was ordered in favor of defendant Roberts Company and defendant Gardner Hardware Company for the amount of their respective claims. Defendant Parker, the owner of the property charged with the liens, subsequently moved for a new trial on the grounds that the findings of the court were not justified by the evidence and for newly discovered evidence. The motion was granted upon the grounds stated, and defendants Roberts Company and the Gardner Hardware Company jointly appealed.
The short facts are as follows: Respondent, Parker, was the owner of the property involved in the action, and leased the same to the C.C. Whitney Pure Food Company, a corporation, with the option of purchasing the same within the time limited by the lease at an agreed purchase price. The property was out of repair, and unsuited, without changes, to the business to be conducted therein by the Whitney Company, and it was authorized by the contract to make all necessary alterations but at its own cost and expense. Thereafter the Whitney Company entered into a contract with the defendant H.O. Roberts Company for installing in the building a heating plant, with all necessary incidents, and for the work, labor, and material furnished in the performance of the contract the Roberts Company in due time perfected a lien upon the property. Defendant Parker had notice, through her agent and...
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