C. H. CARPENTER LUMBER CO. v. SCHAUER

Civ. No. 10049.

321 N.W.2d 460 (1982)

C. H. CARPENTER LUMBER COMPANY, Plaintiff and Appellant, v. Marvin J. SCHAUER and Violet R. Schauer, husband and wife; C & E Finance, Inc., a corporation; Curtis Electric, Inc., a corporation; Peavey Company, a foreign corporation; Don Wilhelm, Inc., a corporation; Structural Products, Inc., a corporation; Jerry's South Side Exxon; Wendell Simonsen, Peter Simonsen and Marvin Parsons, doing business as Kensal Lumber Company; United Accounts, Inc., a corporation; State of North Dakota for the benefit of the Workmen's Compensation Bureau; Keith Facey, doing business as Gambles; Willy Fercho; Farmers Union Grain Terminal Association, formerly known as Great Plains Supply Company; United States of America; and State of North Dakota, Defendants and Appellees.

Supreme Court of North Dakota.

Rehearing Denied July 8, 1982.


Attorney(s) appearing for the Case

Hjellum, Weiss, Nerison, Jukkala & Wright, Jamestown, for plaintiff and appellant; argued by James A. Wright, Jamestown.

Mackenzie, Jungroth, Mackenzie & Reisnour, Jamestown, for defendants and appellees; argued by James R. Jungroth, Jamestown.


PEDERSON, Justice.

This appeal is from a judgment1 rejecting Carpenter's attempt to foreclose a mechanic's lien. Challenge is made to findings of fact which determined that the account of the demand due filed with the clerk of court did not meet statutory requirements, see Ch. 35-27, NDCC, and, therefore, rendered the lien invalid. Our review, pursuant to Rule 52(a), NDRCivP, leads us to conclude that the findings of fact are not...

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