ROCHESTER'S SUBURBAN LUMBER COMPANY v. SLOCUMB

No. 41163.

163 N.W.2d 303 (1968)

ROCHESTER'S SUBURBAN LUMBER COMPANY, Appellant, v. Charles H. SLOCUMB, et al., Respondents.

Supreme Court of Minnesota.

December 6, 1968.


Attorney(s) appearing for the Case

Brown & Bins, Rochester, for appellant.

O'Brien, Ehrick, Wolf & Deaner, Michael Berens, Rochester, for respondents.

Heard before KNUTSON, C. J., and NELSON, MURPHY, PETERSON, and FRANK T. GALLAGHER, JJ.


OPINION

NELSON, Justice.

This is an appeal from a judgment for defendants in a mechanics lien foreclosure action. In 1964 defendants Charles H. Slocumb and Mary C. Slocumb engaged the services of an architect to design a house. They selected building contractor Thornton G. Egner of Rochester, Minnesota, then doing business as Four Star Builders, to build the house.

Plaintiff, Rochester Suburban Lumber Company, was at the time engaged in retailing...

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