204 N.W. 647 | Minn. | 1925
1. It is the claim of appellant that the waiver of the lien is not supported by a consideration. There must be a consideration. Abbott v. Nash,
It is argued that the waiver was not addressed to anyone and hence Lindahl should not have relied upon it. But it was formally executed upon a form approved by the Minneapolis Real Estate Board. It related exclusively to Lindahl's property and he could not assume that it was intended for anyone but himself. Plaintiff intended it for his benefit, but it claims that the purpose of the waiver was to give priority to a mortgage which Lindahl was to put on the property. Lindahl says that the Brogan property was to be mortgaged and that this waiver was given to induce Lindahl to give a waiver as to the Brogan property. If plaintiff's facts were *101
established, its conclusion would follow. Paulsen v. Manske,
2. Plaintiff has a lienable item of $17.86 incurred subsequent to the giving of the waiver, unless it "knowingly demanded" in the lien statement "more than is justly due" in violation of section 8558, G.S. 1923. We have referred to this statute as one preventing the padding of claims, and we have construed it as meaning that one who in his lien statements demands more than is justly due shall have no lien whatever. Lyons v. Westerdahl,
Affirmed. *102