7 Mont. 473 | Mont. | 1888
This was an action brought by the appellants to enforce a mechanic’s lien against the property of the respondent. They were the subcontractors of one Greenwood, who had a contract with the respondent for the construction of the building against which, as well as the premises on which it was built, the lien was sought to be enforced. The cause was tried by the court sitting without a jury. The court made and filed its findings of fact and conclusions of law, and upon these rendered judgment for the appellants, and decreed that it should be a lien upon the property described in the complaint. There was a motion for a new trial, which was by the court sustained. From the order sustaining this motion this appeal is taken.
For any of the causes mentioned in the statute, which materially affected the substantial rights of the respondent, a new trial should be granted. Several of these causes are urged by the respondent; but if it shall appear that any one of them is such a cause, the order of the court granting a new trial should be sustained. One of these is, substantially, “ insufficiency of the evidence to support the verdict or decision.” It is urged by the respondent, in support of the court’s action, that one of the findings of fact made by the court, which was material to the issue, is not supported by any evidence. This finding is as follows: “7. That on or about October 7, 1885, and just previous to furnishing certain lumber and materials to be used in said building, to the amount and value of $631, plaintiffs notified said Chester B. Lebcher of their intention to furnish the same, and of the probable-value thereof, to wit, $631; and that said
That a notification that the value of the materials is a certain specific sum was intended, is apparent when
It is urged, also, by the respondent in his brief, that he complaint is insufficient, and does not state facts sufficient to support the judgment, because it contains no allegation that the appellants notified the respondent of the particular sum at which the materials were valued,
Other reasons are urged by the respondent to sustain the action of the court in granting a new trial; but in view of the foregoing causes, we think that the motion for a new trial was properly granted, and it is unnecessary to enter upon their consideration. There is an objection, however, to the sufficiency of the description of the property against which the lien is sought to be enforced, contained in the notice of lien, which we will briefly notice. The description is as follows: “The building hereinafter described, which said debt is claimed to be a lien against the said building, and the lot of ground upon which said building was erected and now stands; that said lot is known and described as lot 8 in block 32 of the town of Miles City, county and territory aforesaid, as platted and filed for record in the office of the recorder of deeds of said county and territory.” This description, for the purposes of this action, we deem sufficient. The premises on which the building is erected is sufficiently described; and as long as the building remains thereon, and there is nothing in the record to indicate the contrary, it also is sufficiently identified.
' The order granting a new trial is affirmed, and the cause remanded.
Judgment affirmed.