124 Minn. 132 | Minn. | 1913
Action to foreclose a mechanic’s lien in which plaintiff had judgment and defendant appealed from an order denying a new trial.
The facts are not in dispute and are as follows: Defendant Taylor, the owner of the property, entered into a contract with one Ledy, a builder, for the construction of a dwelling house thereon, the contractor to furnish all material and labor used in and necessary to the completion of the building. The contract provided that the building should be completed on or before August 1, 1912. It was substantially completed and Taylor moved into the house on August 17. Rhe contractor purchased all lumber and mill work for the building from plaintiff, the value of which exceeded the sum of $1,500, and the most thereof was delivered upon the premises prior to August 17; two lights of glass were delivered on August 21, one screen door on September 19, and three storm doors and a screen on October 31. These items were all included in the original contract between the contractor and plaintiff. The contractor died on December 10, 1912,
Defendant interposed in defense that the lien was not perfected within the time prescribed by law, and was therefore of no validity. In support of this defendant alleged in his answer that the items of material delivered on September 19 and October 31 were wrongfully, unreasonably, and without excuse withheld and not delivered until the dates stated, for the purpose of attempting to extend and lengthen the time within which the lien could be filed and recorded. The trial court found that these allegations were not true, and after finding other necessary facts ordered judgment for plaintiff. It further appears that plaintiff did not, before the commencement of the action, or at all, file its claim with the probate court against the estate of the deceased contractor.
Order affirmed.