The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-04-13

sooJcCt 10 DC oHSet Oy the several
amounts found to be owing to other
parties who have filed liens for ma
terials furnished and labor performed
on aid theater building as s~ub-contrac-
tors and material men as follows: Ana
conda Copper Mining company, So
91s.04; w. b. Webb. $3.50. 30: Young &
Dezell, 1925; Mahan Bros, $685., all of
which claims were assigned to the An
aconda Copper Mining company. max
ing a total of $40. 99S. 34. This sum, IN
addition to the $40, 209. 60 paid to Leck.
makes the total s21, 207. "a. which sum
exceeds the contract price by $2.019.s4.
The conclusions of law set forth that
Leck is not entitled to any claim of
lien against the property for any ma
terials or b furnished under the
original contract nor for any extras;
that he Is not entitled to recover any
money in addition to the $40, 209. so here
tofore paid him; and the theater asso-
claton Is entitled to a judgment
against Leck for the amount OF costs.
Tne next case taken up is that Of the
A c. M. company against +. s. Leck
and Smelling & Price. The statement
OF the case Is very long, but an idea of
the points involved may be had from
the following summary: The first cause
OF action sets forth that the Anaconda
company furnished to +. s. Leck mate
RAJ, ETC., to the reasonable value of
S,6I1.l3, n that the plaintiff filed its
notice Of lien within 80 days, and that
no part of the claim has been paid. For
the second cause OF action ii is set forth
that the plaintiff furnished to Smelling
a Price. sub-contractors under Leck.
brlck, etc., to the reasonable value of
S2.13I.95. The third cause alleges that
w. B.. Webb furnished Smelling & Price
with lime to the value of $3.50. 81. which
was assigned to the PLAINTIFF; the fourth
cause is the claim of Young & Dezell
Tor iron. etc. to the value of $500. of
which $500 was paid, leaving a balance
or $500, which claim was also assigned
20 the plaintiff. For the fifth cause,
Mahan Bros. furnished F. S. Leck paint
labor to he value of $685..
The court finds in this case that the
plaintiff delivered to Leck supplies, etc,
to the value of 81. 240. O9, divided as fol-
lows: Lumber, $6,045. 03; foundry SUD-
plies, s6s6.46; hardware, s49S. 60; that
the plaintiff filed a lien within 80 lays
after the delivery of the property to
secure the claim; that the contract en-
tered into by and between the said
Leck and plaintiff whereby the latter
was to furnish umber for mill work to
the amount of So, 300 and all dressed and
rough lumber for 81. 700, had reference
TO and was confined to the bill or list
OF lumber made out by. or for Leck
and delivered to said PLAINTIFF; that in
addition to the lumber included in said
bill or list. the plaintiff furnished a
large quantity or other lumber to the
reasonable alu of 81, $50.
The findings in the second cause are
that at the instance of Smelling &
Price. the sub-contractors, the plaintiff
furnished materials to the value of 81
1875. TIT courts finding in the third
cause are that Smelling & Price pur-
chased of w. b.. Webb SCI bushels of
lime of the value of $3.50. In the fourth
cause 1t Is found that F. S. Leck enter
ed into a contract with Young q Dezell
TO do certain roofing and iron work for
$500, of which $500 was paid; that
Young & Dezell did not do all of the
painting of the roof required by them
and that Leck was required to have the
work done by Mahan Bros, which cost
$50. leaving the balance due Young e.
Dezell. S225. The claim of Mahan Bros.
Tor glazing. painting, etc, for $685. is
round to be correct. The court finds
that a reasonable attorney fee for fore
closing the four liens is $40.
The conclusions of law are that the
several liens are sufficient in substance
and form and are valid liens upon the
theater property; that the plaintiff. the
A. {. NJ. company, is entitled to a per-
M Judgment against the defendant,
r. 3 .Leck. for the sum of So, 900. 90 and
costs, and against Smelling & Price for
s2,ysS.25 and costs; that the liens men,
toned are valid and that the plaintiff
Is entitled to a decree of foreclosure of
the same; that the plaintiff is entitled
to an attorney fee of s470 and 81 for fill
ing the liens; that the plaintiff is the
legal owner of all said liens.
The case Of Smelling & Price against
the Anaconda Theater association ard
F. s. Leck is then taken up. The find
ings of facts are that +. S. Leck con-
tracted to build the theater for SIS. go:
that afterwards Leck entered into a
contract with the plaintiffs to build all
or the brick and stone work. thing,
lathing and plastering. for So, 765: that
q Price purchased all of the
and completed the work ac-
cording to contract; that Smelling &
Price performed additional services to
the value of $2S5, making a total OF
$1,000; that Leck paid on the claim
S4,O15, leaving a balance of $4,975: tina
on the 9Th day of June, 1897, the plaint-
if filed his notice of lien against the
property for S4,975. The court further
finds that all of the items and amounts
in the claim of Smelling &
Price are also included in the claim of
Leck. 1t is further found
that on Sept. 20. 1896, the original con-
Leck, made. executed n de-
livered to the theater association a
penal bond In the penal sum of IS. 200
the faithful performance of his con-
entered into with the association
for the building Of the said theater. ac-
CoitinS W lnt lcTU1S ana COnultlOnS OF
his said contract: said contract speci-
Tying. among other things, that the
aid Leck should complete said build
ing on or before the 18th day of De-
1896 (weather alone ~preventing).
free and clear of any and all demands
Or liens of material, men, artisans, me-
chanics or laborers," and to furnish
satisfactory evidence Of the same to
said theater association.
II lie further fottpI 4lot tliz tz-l -
by different persons as suret!es
thereon. including the firm name of
& Price. and after being so
signed was accepted and received by
he association as the bond of Leck;
hat the building IA not completed on
he 18th day of December, 1896, or at
other time, free and clear of any
all claims. demands or liens of ma
erial. men, artisans, mechanics or la
lOrers, nor haS any satisfa Glory or any