TOMLINSON LUMBER YARD v. ENGEL

Civ. No. 8922.

216 N.W.2d 87 (1974)

TOMLINSON LUMBER YARD, a Minnesota corporation, Plaintiff/Appellant, v. Ralph C. ENGEL, Defendant/Appellee.

Supreme Court of North Dakota.

Rehearing Denied March 27, 1974.


Attorney(s) appearing for the Case

Conmy, Feste & Bossart, Ltd., Fargo, and Leland F. Hagen, West Fargo, for plaintiff-appellant.

Chauncey T. Kaldor, Hillsboro and Vaaler, Gillig, Warcup, Woutat & Zimney, Grand Forks, for defendant-appellee.


ERICKSTAD, Chief Justice.

By summons and complaint dated November 11, 1969, Tomlinson Lumber Yard, a Minnesota corporation, commenced an action against Ralph C. Engel to adjudicate and foreclose a mechanic's lien arising out of the construction of a hogbarn on Mr. Engel's property. Mr. Engel asserted in his answer that Tomlinson is not entitled to a mechanic's lien on his property or to a foreclosure of such a lien, because the building was constructed in such an...

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