76 Ind. App. 511 | Ind. Ct. App. | 1921
This was an action by appellants against appellees on account and to foreclose a mechanic’s lien. Appellees challenge the sufficiency of the brief to present any question for our consideration, but we
As appears by the special finding of facts, so far as here involved, on April 10, 1917, appellee Gardner executed to one Freeman a written lease, with an option to purchase the real estate involved, which lease and option was on May 31, 1917, duly assigned by said Freeman to appellee Willfred Coal Company, which lease provided, among other things, “that said lessee shall within thirty days from the date hereof begin putting said properties into shape to actively mine coal and that within six months from the date hereof he will expend for machinery, improvements and betterments on said properties not less than the sum of $15,000; $5,000 of which sum has been this day deposited by said lessee with said lessor to apply upon said improvements and betterments, * * * all of which improvements, betterments, fixtures and equipments made upon or added to said mines or premises by said lessee at any time during the continuance of this lease shall become the property of said lessor upon the termination of said lease, unless said lessee shall exercise the option to purchase hereinafter granted to him during the term of this lease as herein provided.” Appellants furnished material for appellee coal company as follows: March, 1918, $90; April, 1918, $42.80; May, 1918, $25.12; June, 1918, $730.97; September, 1918, $2.70; November, 1918,
After finding that appellants were entitled to $200 attorneys’ fees, the court stated as its conclusions of law that appellants were entitled to a judgment against the coal company for $862.11, but- that they were entitled to foreclose their lien for but $327.89, which was the amount of the purchases made in November, 1918, plus the $200 attorney’s fees, and gave personal judgment against the coal company, and decree of foreclosure of mechanic’s lien in harmony with the conclusions. Appellants challenge the conclusions, and contend that the material was furnished on a job from time to time, and that the account was an open continuous account consisting of various items, and that as the last item was furnished within sixty days of the
The judgment is affirmed.