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McKECHNIE v. BISMARCK LUMBER COMPANY

Nos. 7928-7930.

114 N.W.2d 709 (1962)

William J. McKECHNIE and Edythe McKechnie, Plaintiffs and Respondents, v. BISMARCK LUMBER COMPANY, Western Concrete Products and W. T. Jennings Lumber Co., Defendants and Appellants, and State of North Dakota et al., Defendants. Donald D. HALL and Patricia A. Hall, Plaintiffs and Respondents, v. W. T. JENNINGS LUMBER CO. and Bismarck Lumber Co., Defendants and Appellants, and State of North Dakota et al., Defendants. Richard E. RADSPINNER and Irene Radspinner, Plaintiffs and Respondents, v. BISMARCK LUMBER CO., Western Concrete Products and W. T. Jennings Lumber Co., Defendants and Appellants, and State of North Dakota et al., Defendants.

Supreme Court of North Dakota.

April 17, 1962.

Attorney(s) appearing for the Case

Saefke & Rose, Bismarck, for defendants and appellants, Bismarck Lumber Company and Meisner-Anderson Company, successor in interest to Western Concrete Products Co.

Jansonius, Fleck, Smith, Mather & Strutz, Bismarck, for defendant and appellant W. T. Jennings Lumber Co., a corporation.

Rausch & Chapman, Bismarck, for plaintiffs and respondents.

Conmy & Conmy, Bismarck, for plaintiffs.

BURKE, Judge (On reassignment).

These three cases are companion cases to Schaffer v. Smith et al. (ND) 113 N.W.2d 668, recently decided by this court. In each of these cases plaintiffs sought to quiet title to described real property and in each case the defendants, by answer, asserted mechanics liens for unpaid accounts for materials and supplies furnished for the construction of homes upon the described real property. After trial...

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