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BRODSKY v. MALONEY

No. 9811.

105 N.W.2d 911 (1960)

Jerry G. BRODSKY, d/b/a Red-E-Mix Cement Products Co., Plaintiff and Respondent, v. Herbert F. MALONEY, Maryan Maloney, First Federal Savings and Loan Association of Rapid City, Defendants and Respondents, Walton Sheet Metal, a partnership, Lampert Lumber Company, d/b/a Canyon Lumber Company, Defendants and Appellants, Robert V. Marcoe, d/b/a Marcoe Construction Company, Defendant.

Supreme Court of South Dakota.

Rehearing Denied January 11, 1961.

Attorney(s) appearing for the Case

Gunderson, Farrar, Carrell & Aldrich, Rapid City, for Lampert Lumber Company d/b/a Canyon Lumber Company, defendant and appellant.

Morrill & Morrill, Sturgis, for Walton Sheet Metal, a partnership, defendant and appellant.

Bangs, McCullen, Butler & Foye, Rapid City, for Herbert F. Maloney, Maryan Maloney and the First Federal Savings and Loan Association, defendants and respondents.

RENTTO, Judge.

This is another of those cases in which the rights of a mechanics' lien claimant collide with the assertion that the premises are exempt from such encumbrance under our homestead laws.

On or about September 16, 1956, the Maloneys, who were then living in rented premises and did not own a residence, made a written agreement to purchase from Marcoe a house to be built on the lots involved, then owned by him, subject only to their ability to obtain...

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