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McLELLAN v. HAMERNICK

No. 38,662.

264 Minn. 345 (1962)

118 N.W. (2d) 791

JENNINGS D. McLELLAN AND ANOTHER, COPARTNERS d.b.a. JENNINGS D. McLELLAN & SON, v. RAY HAMERNICK AND OTHERS.

Supreme Court of Minnesota.

December 28, 1962.

Attorney(s) appearing for the Case

Fine, Simon & Schneider, William I. Fine, and Ralph S. Schneider, for appellants.

Peterson & Popovich and Fred N. Peterson, Jr., for respondent Becker.

Lawrence L. Lenertz, for respondent Kostka Electric Company.

Kueppers, Strong & Kueppers and Fred A. Kueppers, amicus curiae.

KNUTSON, CHIEF JUSTICE.

This is an action to foreclose a number of mechanics liens.

To begin with there were other liens involved that have since been settled. Reduced to simple terms, the action as tried revolves around the following facts: Nathan and Beverly Elaine Simon were the owners of a house in St. Paul. On March 31, 1958, they engaged Ray Hamernick to construct an addition to the house for a total cost of

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