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eBook details

• Title: Doney v. Ellison
• Author : Supreme Court of Montana
• Release Date : January 19, 1937
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 56 KB

Description

Mechanics Liens ? Foreclosure ? Complaint ? Sufficiency ? Agency ? Improvements on Building Made at Request of Ostensible Agent ? Evidence ? Circumstantial Evidence ? Sufficiency ? Equity ? Findings ? When Conclusive on Appeal. Mechanics Liens ? Complaint ? Ownership of Property ? Indefiniteness of Ownership ? Defect Cured by Copy of Lien Made Part of Pleading. 1. Alleged insufficiency of the complaint, in a suit to foreclose a mechanics lien, for indefiniteness as to the ownership of the property on which the work was done, held cured where the pleader attached to and made a part of the complaint a copy of the lien setting forth the name of the record owner. Equity ? Findings of Trial Court ? When Conclusive on Appeal. 2. A finding made by the trial court in an equity case (mechanics lien foreclosure) on conflicting evidence will not be disturbed on appeal. Agency ? Ostensible Agent ? Definition. 3. Ostensible authority is such as a principal, intentionally or by want of ordinary care, causes or allows a third person to believe the agent to possess. Mechanics Liens ? Foreclosure ? Improvements Made at Request of Ostensible Agent of Owner ? Evidence ? Sufficiency. 4. Where the owner of a building permitted a brother of her attorney-in-fact to rent it to the occupant thereof, to make arrangements with plaintiff (in a suit to foreclose a mechanics lien) relative to certain improvements thereon, to collect the rent and indorse checks given in payment of rent, etc., he was at least the ostensible agent of the owner in causing plaintiff to perform the work on the building for which he filed the lien. Agency ? Provable by Circumstantial Evidence. 5. The solution of any issue in a civil case, including that of agency, may rest entirely upon circumstantial evidence; all that is required is that the evidence shall produce moral certainty in unprejudiced minds. - Page 592

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