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

knew what was being done when the
bond was delivered to A. NJ. Scott, sec
rotary OF the association, and made no
objection. knowing at the same that IL
was signed with the firm name OF
smelling * Price: that on another occa-
sion. when told by J. H. Durston, that
they. Smelling & Price. were on Leck's
bond as surety, Price replied: Il know
that"
The conclusions Of law are that the
notice n claim of lien fled by the
plaintiff is sufficient in form and SUBJ
stance to constitute a sufficient lien:
that, although Smelling signed the firm
name Of Smelling & Price to the bond.
without express authority from Price,
Price was fully aware of the fact and
also of h nature Of the terms of the
contract, n he made no objection
thereto. These things are sufficient In
law to show a ratification of the act
OF Smelling In signing the bond with
the firm name. The court further finds
that h plaintiffs, having a full knowl.
edge OF the contents, terms and condi-
tions of the contract n bond, and
with that knowledge having become
sureties of Leck for the faithful per-
Torrance Of his contract, are now
estopped from claiming or asserting
any claim of lien against the property
of the theater association, on account of
any claim for any materials furnished
for the construction of said theater
building. or for any labor performed
thereon. And that the claim of lien
filed by the plaintiffs against said thea
ter building and lots of ground upon
which 1t is situated is not any valid
lien against h same and ann be
enforced.
The court further finds that the
plaintiffs, Smelling & Price. are entitled
to a personal judgment against the de-
PENDANT, f. S. Leck, for the sum OF
$4.975 and costs.
In the matter of the defendants coun-
ter claim, the statement is that the de-
PENDANT, the Anaconda Theater assocla-
ton. having set up as a counter claim
against the plaintiffs for damages aris-
ing out Of the failure of the contractor,
Leck. to complete said theater building
and deliver it to said defendant &C
cording to the terms of the contracts.
the court finds the facts to be that the
association will be required to pay in
addition to the contract price of the
building n the additional sum al
lowed Leck for extras, the sum of
$2,0l9.94 to satisfy a number of liens
filed on the building and allowed by the
court, n the further sum of sac, al
lowed as attorneys fees for foreclosing
said liens and 81 for filing the same,
making a total of s2,493.9 "a.
The conclusions of law are that the
plaintiffs Smelling & Price are liable on
said bond as sureties of +. S.. Leck: that
the bond is joint and several; hat the
plaintiffs Smelling & Price are liable
upon said bond to the defendant. the
Anaconda Theate association, in the
sun of 81, 1894, and that said defend
ant is entitled to a judgment for that
sum against the plaintiffs and also for
the costs.
1t the conclusion of the reading of
the decision. Sawyer & Walsh. attor-
for Smelling x Price, moved for a
stay of execution for 80 days. which was
Notice of motion for a new
trial was also given. Judge Woody went
to Butte yesterday afternoon, bu will
return this morning, when the judg-
ments will be signed.