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EINERSON v. CENTRAL LUMBER & HARDWARE COMPANY

No. 9808.

14 Utah 2d 278 (1963)

382 P.2d 655

FLOYD M. EINERSON AND ELVA EINERSON, HIS WIFE, PLAINTIFFS AND APPELLANTS, v. CENTRAL LUMBER & HARDWARE COMPANY, A CORPORATION, DEFENDANT AND RESPONDENT.

Supreme Court of Utah.

June 19, 1963.

Attorney(s) appearing for the Case

Roy F. Tygesen, Magna, for appellants.

John A. Rokich, Magna, David K. Watkiss, Salt Lake City, for respondent.

CROCKETT, Justice.

Plaintiff Einerson sues defendant Central Lumber & Hardware Company to recover penalties prescribed by statute (Sec. 38-1-24, U.C.A. 1953) for failure to release its materialman's lien upon plaintiff's home after the debt was paid.

The statute referred to provides:

"The claimant of any lien filed as provided herein, on the payment of the amount thereof together with the costs incurred and the fees for cancellation, shall at...

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