53 Ind. App. 376 | Ind. Ct. App. | 1913
Lead Opinion
— This is a suit by the appellee against the appellant to foreclose a mechanic’s lien on certain real estate in the city of Indianapolis. Upon request the court made a special finding of facts and stated its conclusions of law thereon. Appellant filed a motion for new trial which was overruled. Judgment was rendered for appellee on the conclusions of law, to which appellant excepted, and prayed this appeal.
The finding of facts so far as material to the questions presented is in substance as follows: that appellant owned the real estate in question on which he erected a dwelling house between February 23, 1909, and July 25 of that year; that appellee is a corporation organized under the laws of the State of Indiana, and engaged in the sale and installment of chandeliers and lighting fixtures; that appellee entered into a verbal contract with appellant to sell, furnish and install in said dwelling certain chandeliers and lighting fixtures for which he agreed to pay the sum of $150; that appellee furnished and installed in said dwelling house the chandeliers and fixtures so purchased and in addition thereto at appellant’s request, certain other lighting fixtures of the value of $4; that the work of installing
The court did not therefore err in its conclusion of law that appellee acquired and is entitled to enforce a mechanic’s lien against the property described in the complaint. This conclusion renders it unnecessary to consider the other questions discussed in the briefs. Judgment affirmed.
Rehearing
On Petition for Rehearing.
The petition for a rehearing is overruled.
Note. — Reported in 100 N. E. 875; 101 N. E. 753. See, also, under