LYON v. DUNN


402 A.2d 461 (1979)

Arvah L. LYON v. Lawrence DUNN.

Supreme Judicial Court of Maine.

June 8, 1979.


Attorney(s) appearing for the Case

Lipman, Parks, Livingston & Lipman, P. A. by John M. Parks (orally), Bruce R. Livingston, Augusta, for plaintiff.

Smith & Stein by Gordon E. Stein (orally), Hallowell, for defendant.

Before McKUSICK, C. J., and POMEROY, WERNICK, ARCHIBALD, GODFREY and NICHOLS, JJ.


POMEROY, Justice.

A Superior Court Justice ruled, erroneously as we shall see, that the plaintiff was entitled to enforce a lien on the property of defendant, and ordered the property sold and the proceeds applied in satisfaction of any unpaid portion of the amount for which the lien is claimed. The defendant seasonably appealed.

We sustain the appeal.

The case was submitted to a Superior Court Justice sitting without a jury, upon stipulated facts...

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