Klimm
Klimm v. Henry Cowell Lime & Cement Co.
Opinion
lead Opinion
Beasly, J.
This is a consolidated action for the foreclosure of certain mechanics’ liens against the property of defendant Henry Cowell Lime and Cement Company. It resulted in a judgment in favor of the lien claimants for the 'amounts of their respective claims, with interest at the legal rate from November 15, 1914, the date found by the court to be the date of completion, and for the foreclosure of the liens as prayed. The defendant appeals.
The liens were all perfected according to law and filed in time. Some outstanding facts of the case are of interest. The defendant, Henry Cowell Lime and Cement Company, entered into a contract with/Day & Sons to erect and complete a building for seventy thousand dollars. At the trial of this action it was agreed by all the parties that the building was completed on November 15, 1914, and the court found that the building was in fact completed on or about that date. Sufficient funds were due to the contractor from the defendant at the time of the trial to pay all these claims, with the interest allowed by the court. The contractor did not defend against the claims but defaulted. It was proven at the trial that Day & Sons did not dispute the claims at…