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(Download) "Leigland v. Mcgaffick" by Supreme Court of Montana ~ Book PDF Kindle ePub Free

Leigland v. Mcgaffick

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eBook details

  • Title: Leigland v. Mcgaffick
  • Author : Supreme Court of Montana
  • Release Date : January 20, 1959
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 62 KB

Description

MECHANICS LIENS ? APPEAL AND ERROR ? EVIDENCE. 1. Mechanics Liens ? Statute to receive liberal construction. Mechanics lien statute should receive a liberal construction to the end that the object and purposes thereof may be carried out. 2. Mechanics Liens ? Backfilling held lienable. In action to foreclose a mechanics and materialmans lien in the building of an addition to a gasoline station, the defendants backfilling work which was for the purpose of strengthening the foundation and enhancing its value and providing additional support for the building related to a constituent part of the building was lienable and operated to extend the time for filing the mechanics lien. - Page 189 3. Appeal and Error ? Substantial evidence rule. If substantial evidence supports the judgment of the court below, the Supreme Court will ordinarily sustain the lower court. 4. Evidence ? Effect of contract in writing. When a contract has been reduced to writing, the contents thereof cannot be added to, contradicted, altered, or varied by parol or extrinsic evidence. 5. Evidence ? Evidence of oral contract admissible. Where making of an oral contract whereby plaintiffs allegedly agreed they would build defendants an addition to their service station at no cost to the defendant preceded by over a month the making of a subsequent written contract by which the sum of $10,100 was to be paid to the plaintiffs for such construction, evidence of the oral contract was inadmissible. 6. Mechanics Liens ? Burden of proving negligence. The burden of proving negligence in the construction was upon the defendants. 7. Mechanics Liens ? Evidence as to negligence. The evidence did not sustain defense that the work was negligently performed. 8. Mechanics Liens ? Priority of mortgage. A mortgage and lease on the property were prior to the mechanics lien.


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