184 Ind. 228 | Ind. | 1915
Suit by appellees, partners, against appellants, for personal judgment,. for labor' performed and material furnished in the construction of a railroad, and to foreclose a mechanic’s lien. The complaint alleges that appellant, Kokomo, Frankfort and Western Traction Company, owns an electric railroad located on a described route, and that the appellants are corporations, and claim an interest in the railroad property and claim to hold liens thereon; that appellees, at the special instance and request of appellants, performed labor and furnished materials, in the construction of grades, embankments, bridges, etc., for the railroad in Clinton and Howard counties, of the value of $30,000, a bill of particulars of which is set out; that within sixty days after the completion of the work appellees filed in the recorder’s office of each county a written notice of their intention to hold a lien on the line of railroad and franchises of the traction company. A copy of each notice is filed as an exhibit, which recites that the labor was performed and material furnished pursuant to a contract between plaintiffs and the traction company and contracts with other subcontractors. It is further alleged that appellees were compelled to employ attorneys to bring this suit and that a reasonable fee for their services is $5,000.
Each of the appellants filed an unverified separate motion to make the complaint more definite and certain in the following, among other, particulars,
Issues were formed on the complaint and cross-complaint, and a trial had with special findings of fact and conclusions of law stated. Judgment was rendered for appellees against A. J. Yawger and Company, in the sum of $6,137.40, and the railroad property was ordered sold to satisfy the judgment. Appellants and appellees excepted'to certain conclusions of law, and present questions arising thereon by their respective assignments and cross-assignments of error. The record of the special findings of fact covers sixty printed pages and contains much redundant matter and some contradictions. By reason of the conclusion reached in relation to the complaint, it is unnecessary to consider either the questions on the court’s conclusions of law or the many others that are presented. Judgment reversed with instructions to sustain so much of appellants’ motion to make the complaint inore specific as seeks the setting forth of the substance of the contract sued on, and at whose particular instance and request the work was performed and materials furnished.
Note. — Reported in 108 N. E. 774. As to mechanics’ liens and the enforcement of them, see 116 Am. St. 756. See, also, under (1) 31 Cyc 646; (2) 31 Cyc 644; (3) 31 Cyc 649, 650; (4) 27 Cyc 50, 263; (5) 9 Cyc 242; (6) 3 Cyc 223; (7) 9 Cyc 719; (8) 9 Cyc 732.