(Download) "Monarch Lmbr. Co. v. Wallace" by Supreme Court of Montana # Book PDF Kindle ePub Free
eBook details
- Title: Monarch Lmbr. Co. v. Wallace
- Author : Supreme Court of Montana
- Release Date : January 22, 1957
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
MECHANICS LIENS ? BANKRUPTCY ? AGENCY. 1. Mechanics Lien ? Parties. Ordinarily, in a suit to establish a materialmans lien, the principal contractor is an indispensable party. 2. Bankruptcy ? Necessary parties ? effect of bankruptcy. Principal contractor is a necessary party to an action to establish and enforce a mechanics lien, but where contractor has been adjudged a bankrupt and a trustee in bankruptcy has been appointed for him, trustee in bankruptcy appears for and represents contractor, if trustee is made a party and if relief is sought against trustee. 3. Mechanics Liens ? Absence of party not material. Where lumber company had named principal contractor as defendant in suit to establish and foreclose mechanics lien, but principal contractor had not been served and where contractors trustee in bankruptcy had also been named and relief was sought against him; absence of principal contractor as a party was immaterial. 4. Mechanics Liens ? Sales slips made prima facie case. Sales slips, containing a description of the item sold and the price being charged for each item, are relevant and material and sufficient to make out a prima facie case of reasonable value of materials furnished, in proceedings to establish materialmans liens. 5. Principal and Agent ? Ostensible authority. Manager of lumber company had ostensible authority to bind lumber company on assurances to houseowner to effect that company was backing principal contractor. 6. Principal and Agent ? Proof of ostensible authority. Whether an agent is acting under the actual or ostensible authority of his principal may be shown by direct evidence or by reasonable inferences to be drawn from the facts proved. 7. Mechanics Liens ? Lien not allowed. Where lumber companys manager had ostensible authority to bind company and where, because of managers representations and assurances that company was backing principal contractor, who became bankrupt, owner had entered into contract with contractor to erect dwelling house, relying on managers representations, company was not entitled to lien for materials furnished and houseowner was entitled to judgment for the amount paid for the house above the contract price and attorneys fees where as here houseowner had paid the contractor therefor.