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  5. 253 N.W.2d 197 (1977)
 

RINGGENBERG v. WILMSMEYER

Nos. 11769, 11855.

253 N.W.2d 197 (1977)

Allen RINGGENBERG, d/b/a Ringgenberg Electric, Plaintiff, v. Melvin S. WILMSMEYER et al., Defendants, George E. Tarver & Marjorie S. Tarver, Defendants, Appellants and Cross-Respondents, Versa-Tech et al., Defendants, Respondents and Cross-Appellants.

Supreme Court of South Dakota.

Decided April 29, 1977.

Attorney(s) appearing for the Case

Maloney, Kolker, Kolker & Fritz, Daniel R. Fritz, Aberdeen, for defendant-appellant.

King & King, Rory King, Aberdeen, for defendants, respondents and cross-appellants.

WINANS, Justice.*

This controversy involves the proper application of our mechanics' lien statutes, SDCL 44-9. Defendants George and Marjorie Tarver are owners as joint tenants of the old Gamble building in Aberdeen, South Dakota.1 In October, 1973 they sold their interest in that property to defendant Melvin S. Wilmsmeyer, pursuant to a Contract for Deed. The contract was drawn by

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