Rugg v. Hoover

• Decision Date: 11 November 1881
• Citation: 10 N.W. 473,28 Minn. 404
• Parties: Horace P. Rugg v. Martin Hoover and others
• Court: Minnesota Supreme Court

10 N.W. 473

28 Minn. 404

Horace P. Rugg v. Martin Hoover and others

Supreme Court of Minnesota

November 11, 1881

Appeal by plaintiff from an order of the district court for Polk county, Stearns, J., presiding, sustaining a demurrer to the complaint.

Order affirmed.

Halvor Steenerson, for appellant.

Davis Brower and R. Reynolds, for respondents.

OPINION

Clark J.

This action was brought to enforce a mechanic's lien for mill supplies and machinery furnished by the plaintiff for the construction and repair of a mill. The complaint alleges that in October, 1878, the plaintiff, by virtue of a contract with the defendant Hoover, sold and delivered to him certain mill supplies, machinery and materials, for the construction and repair of a saw and flouring-mill, situated on lots 1, 2, 3, and 4, in block 38, and a fractional lot between said block and the Red Lake river, in the townsite of Crookston, in Polk county; that Hoover was, at the time of the making of the contract of sale and the delivery of the supplies, machinery and materials thereunder, and at the time of the filing for record of the verified account hereinafter mentioned, the owner of the mill, and was in possession of the lots under a contract for the purchase thereof from the defendant Bly, who held the legal title thereof, as well as of a large amount of adjoining property, and had agreed to convey these lots to Hoover in consideration of his constructing such mill thereon; and that on the 28th day of August, 1879, the plaintiff filed for record in the office of the register of deeds of Polk county a duly verified and itemized account of such supplies, machinery and materials, a copy of which was annexed to the complaint, and made part thereof, and is, omitting the statement of items and the jurat, as follows:

"H P. Rugg, being first duly sworn, doth say that his business is that of dealer in and furnisher of railway and mill supplies; that at various times, and between the sixteenth and twenty-second days of October, 1878, he did, at the request of one Martin Hoover, furnish and deliver unto said Hoover, for the furnishing, equipping or repairing of his mill at Crookston, in the county of Polk and state of Minnesota, which mill is situate upon lands in said county of Polk, described as lots 1, 2, 3, and 4, in block 38 town-site of Crookston, on the south-west quarter of section 30, in township 150, range 46, certain mill supplies furnishings and material, of which the account hereto annexed and marked Exhibit A is a true and correct statement and account, worth and of the value of, in the aggregate, the sum of $ 139.28, which sum said Hoover agreed to pay therefor, with interest thereon, at the rate of 12 per cent. per annum, from November 22, 1878; that no part of said account and claim has been paid; that all of said materials and furnishings have been supplied within one year last past; that said claim is held and owned by this affiant; that it is in no way secured; and that this affidavit is made for the purpose of asserting a lien upon said property, and upon said furnishings and supplies, as is provided by law."

The complaint further alleges that on the 10th day of November 1879, Hoover conveyed and transferred to the defendant Chase the said mill, and all his interest and equities in the lots, and Chase went into possession thereof; that on the 29th day of March, Bly conveyed the legal title of the lots to Chase; and that on the 14th day of May, 1880, Chase conveyed the premises to the defendant Ritchie, and took back a mortgage from him to secure the payment of part of the...