Priet
Kennedy-Shaw Lumber Co. v. Priet
Opinion
Lead Opinion
McFarland, J.
This a consolidation of several actions brought by different plaintiffs to foreclose their respective liens as materialmen against a building and premises owned by the defendant Pierre Priet and wife. Judgment was rendered enforcing the liens of all the plaintiffs except the Kennedy and Shaw Lumber Company, and the Charles M. Depew Planing Mill Company. The court found that said two last plaintiffs bad no valid liens, and entered judgment in their favor against the contractor merely for the amount due to them from the latter, and refused to enforce their liens. There-was also another provision in the judgment, to be noted hereafter. The said two last-named plaintiffs, Kennedy and Shaw Lumber Company and the Charles M. Depew Planing Mill Company, appeal from the whole of the judgment, and from an order denying their motions for a new trial.
' The defendant Pierre Priet made a contract with one Fletcher, by which the latter was to erect a building upon certain land of Priet for the sum of $18,997, but said contract was never recorded. The court found, however, that Fletcher erected the building, and did $1,100 worth of extra work, and that $20,097 was the-amount of the reasonable…