Stokes v. Green

Citations

• 10 S.D. 286
• 73 N.W. 100
• 1897 S.D. LEXIS 69

Syllabus

<p>1. Under a contract to excavate for and build a foundation of a mill at a specified price, and to set the machinery at a certain price per day, labor performed in excavating and constructing bods for the engine and other machinery is properly charged at the rate prescribed for setting the machinery.</p> <p>2. Under a contract to build a mill and set the machinery the contractor is entitled to a lien, not only for his own labor, but for labor procured by him to be performed by others in accordance with the terms of the contract.</p> <p>3. In an action to enforce a mechanic’s lien under a contract, it will be presumed on appeal that the trial court had before it sufficient evidence to enable it properly to construe the contract, and that the construction given was correct under the evidence.</p> <p>4. The mistake of a lien claimant in including in his account items that should have been excluded does not affect his lien when the proper items can be separated from those held to be improper.</p>