Bohn Mfg. Co. v. Keenan

Citations

• 15 S.D. 377
• 89 N.W. 1009
• 1902 S.D. LEXIS 18

Syllabus

<p>1. Under Comp. Laws, § 5470, providing that a claimant desiring to-avail himself of the provisions relating to mechanic’s lien shall file “a just and true account of the demand due him,” a claimant who files a claim for over $500, when it should not have exceeded $400, in pursuance to a fraudulent agreement with the contractor to defraud the owner, will be estopped to assert his lien, on the ground of his fraud; and hence allegations -in an answer in a suit to foreclose a mechanic’s, lien averring such facts cannot be stricken out.</p> <p>2. The fact that a contractor is under a special contract in the erection of a building does not render it immaterial as to what sum the contractor agreed to pay. one for materials furnished, so as to permit such material man to file a lien for a larger amount than is justly due him.</p> <p>3. Where the answer in a suit to foreclose a mechanic’s lien alleges, in addition to fraud on the part of the lien claimant in filing a claim for more than is justly due him, that he assisted the contractor in extorting more from the owner than was due him, the contention that the owner can suffer no injury, except through his fault in not retaining a sufficient amount to pay the lien claim is unavailing to. support the lien. .' '</p>