48 Minn. 325 | Minn. | 1892
As the trial judge filed no memorandum, we are not advised upon what theory of the law he ordered judgment for the plaintiffs, or upon what ground he afterwards granted defendants’ motion for a new-trial; but as the findings of fact are insufficient to support a judgment in favor of the plaintiffs, and as this court cannot supply findings not made by the trial court, it follows that the order granting a new trial must be affirmed. It is proper, however, with reference to another trial, that we should indicate our views of the law applicable to the facts as they seem to appear from the evidence. The facts, or at least as they might have been found from the evidence, were as follows: About November 1, 1887, defendant Groff, as owner, made a contract with plaintiffs by which they were to furnish the material and perform the labor in putting the plumbing and steam-piping into a dwelling house then being erected by him on his own land, and for which he was to pay them the sum of $1,280. It does not distinctly appear within what time the work was to be completed, or when it was to be paid for, but it is fairly inferable from the evidence as a whole that the work was to be seasonably prosecuted as the building was ready for it, and that it was to be paid for by Groff from time to time as the work progressed. Plaintiffs commenced work on November 7th, and prosecuted it in the ordinary manner until January, 1888, when Groff, having become somewhat straitened for money with which to erect the building, and hence unable . to make payments as the work progressed, requested plaintiffs not to hasten the work to completion, to which they assented. On February 13, 1888, during the progress of the work, Groff sold and conveyed the property to his father-in-law, the defendant Balch. This conveyance was placed on record, but the plaintiffs had no knowledge of the transfer of the property, and Groff continued in possession, “bossing the work,” precisely as before. The plaintiffs went on doing work on their contract from time to time, under Groff’s directions, until March 29, 1890, antici
On these facts, if they should be so found from the evidence, we are of opinion that the last item of labor or material should be deemed as'furnished March 29, 1890, and that a lien filed within 90 days thereafter was good. Had the contract been previously abandoned and terminated, or had it been at some prior date substantially performed, and these later items of labor or material performed or fur
(Opinion published 51 N. W. Rep. 218.)