Opinion
No. 33,066.
April 17, 1942.
Action — consolidation of actions — foreclosure of mechanics' liens.
1. Two actions to foreclose mechanics' liens brought in good faith were properly consolidated by the trial court.
Mechanic's lien — claim for single item — bill of particulars.
2. Where the claim for which a mechanic's lien is sought is but a single item — labor — no bill of particulars is necessary.
Same — timeliness of filing statement and commencing action.
3. Evidence held sufficient to support findings as to timeliness of filing and commencing action to foreclose mechanic's lien.
Two actions in the district court for Olmsted county, consolidated for trial and heard together on appeal, to foreclose mechanics' liens. After findings for plaintiffs against defendant A.C. Vine, Vernon Gates, Judge, the latter appealed from an order denying his motion for a new trial. Affirmed.
Allen H. Lipscomb and Walter J. Welch, for appellant.
G.S. Thorson, for respondents.
Actions, consolidated below, to foreclose a mechanic's lien against defendant A.C. Vines. The two plaintiffs are carpenters and performed services in the building of defendant's house.
1. The action of the trial court in consolidating these cases is questioned. Although started separately and simultaneously, we have no doubt that they were commenced in good faith and were properly consolidated. Mason St. 1927, § 8501; Miller v. Condit, 52 Minn. 455, 55 N.W. 47.
2. Plaintiffs' claim was for labor furnished — a single item — and no bill of particulars was necessary. Menzel v. Tubbs, 51 Minn. 364, 53 N.W. 653, 1017, 17 L.R.A. 815; Jandrich. v. Svabek, 170 Minn. 24, 211 N.W. 957.
3. Argument is made that the lien statement was not filed within 90 days after the furnishing of the last item (§ 8497) and that the action to foreclose was not commenced within one year thereafter (§ 8501). However, the evidence is sufficient to sustain the findings of the trial court on that and all other points.
Affirmed.