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SHIMEK v. VOGEL

No. 7872.

105 N.W.2d 677 (1960)

Jos. J. SHIMEK, doing business as Shimek Construction, Plaintiff and Respondent, v. Anton VOGEL and Ruth Vogel, Defendants and Appellants.

Supreme Court of North Dakota.

November 1, 1960.

Attorney(s) appearing for the Case

Alfred A. Thompson, Bismarck, for plaintiff and respondent.

Jansonius, Fleck, Smith, Lynch, Mather & Strutz, Bismarck, for defendants and appellants.

HARRY E. RITTGERS, District Judge.

This is a trial de novo in an action brought to determine the amount due plaintiff under a contract with defendants for the construction of a building, and to foreclose a mechanic's lien. Plaintiff recovered judgment awarding him $7,001.52, with interest from September 26, 1956, and for costs, and for the foreclosure of the lien. Defendants have appealed from that judgment.

Plaintiff's complaint alleges that the original...

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