Badger Lumber Co. v. Martin

Citations

• 83 Kan. 508
• 112 P. 104
• 1910 Kan. LEXIS 573

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Mechanic’s Lien- — Filing of Statement — Pleading and Proof. In an action to have a mechanic’s lien adjudged and foreclosed, the allegation of the petition that a statement therefor was filed within four months after the completion of the work being traversed, a lien should be denied if no evidence of such filing is produced on the trial.</p> <p>2. Verdict — Amount of Award. In this case the defendants tendered the issue that the alleged improvements were of no value for the purposes for which they were ordered, and produced evidence tending to support such issue. The plaintiff produced evidence of the value of the material used, if taken from the building. Held, that a finding of the jury that the improvements were of no value as such, and a general verdict for the plaintiff for the value of the materials, being approved by the court, the judgment thereon will not be reversed.</p>