St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-01-30
RIGHTS OF MATERIAL MEN.
Liens Certified by Outside Nota
ries-Supreme Court Decisions.

Liens Certified by Outside NOta-
ries-Supreme Court Decisions.
Amaterial mans lien against Hoperty
in Minnesota can be verified before
notary public of any state, and the seal
of such notary is evidence that such
officer had the right to take such verifi-
cation and administer oaths.
The supreme court of Minnesota
passed upon this question in no uncer-
tain way in the cases of john Wood,
Perciyal Roberts, Robert Allison, and
others, against the st. Paul City Rail-
way company, decided yesterday. Rob-
erts, Wood, Allison, and the 9th
ers, furnished material used in
the construction of the Fourth
street. and Selby avenue cable
line several years ago, and on the fail
ure of the cable construction company
filed liens against the cable line. The
statutes of Minnesota provide that the
statement of account to be filed must be
verified, but does not state before what
officer. These Pennsylvania material
men verified their claims before a no
tary public of Pennsylvania. The street
railway company held that the yerifica-
tons should have been taken before
commissioner of the state of Minnesota
residing i'll Pennsylvania. The SUI
preme court, after reciting that the
Office of II aary is an ancient one,
the dOings and seal of which have long
been recognized by the courts of Eli
gland, as we'll as of the different states
of the Federal Union, hold that the ver-
fication taken i'll the Keystone state are
legal and sufficient. The syllabus in
the Wood case is followed in the other
two, and is as follows:
John Wood DR., respondent VS.. The St Paul
City Railway Company, appellant. Order
affirmed. MITCHELL. j.
public to administer OathS be of statu-
tory origin or founded on customary
law, it is now universal and should be
judicially recognized as one OF their
general powers, and affiddyits anthem
ticdted by the official seals of notarieS
of other states placed on the same foot
ing as their authorizations of CONNER
cial documents. An affidavit to a state
ment of account for a mechanics lien
under General Statutes, chapter 90.swOrn
to before notary in another state aud
authenticated by his official seal, is suffi
cient.
Oscar B. Hills ct al. respondents. VS.. James
C. Stout appellant. Order affirmed.
MITCHELL. d.
Jenny Olson, as Administrative, respond
ent vs. Il. j. Gjertsen, appellant. Order
affirmed. MITCHELL, j.
C. S. Leeds & Company, respondents, vs.
Frank E. Little appellant. Judgment al
firmed. MITCHELL. j.
Liljengren Furniture Company, appellant,
VS.. Nellie b. Mead, respondent. Order re-
versed. MITCHELL, j.
In case of a contract to furnish and
deliver the sash and window and door
frames for building in process of con-
struction, to charge the seller with loss
of rents of the building, by reason of
delay in its completion caused by his
failure to furnish the articles at the
time agreed, the contract must have
been made in such circumstances and
upon such state of facts that it may
reasonably be supposed to have been
contemplated by the parties when max
ing the contract thai such loss would
probably follow its breach, and hence
that the seller consented to become liza
BILE for it. And such facts and circum-
stances, if relied upon, must be pleaded
and proved, following Frohle ich VS..
Cannon, IS Num-, 476. " here con-
tract is silent as to the time of perform
ance, the law implies that it is to be
performed in reasonable time, and if
it be in writing, evidence of contem-
poraneous oral agreement is inadmiSsi-
BILE to vary the construction to be thus
legally implied from the writing itself.