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DURAND v. DOWDALL

No. 87-512.

757 P.2d 1302 (1988)

Deab DURAND, d/b/a Durand Construction Co., Frank K. Mutch and Mary E. Mutch, d/b/a Flathead Electric Service, and Duane H. Lien, d/b/a Main Harbor Plumbing, Heating & Pumps, Plaintiffs and Appellants, v. John DOWDALL and J.D. Dupuis, Defendants and Respondents.

Supreme Court of Montana.

Decided June 16, 1988.

Rehearing Denied July 14, 1988.

Attorney(s) appearing for the Case

Ingraham Law Office, Greg L. Ingraham, argued, Ronan, for plaintiffs and appellants.

Boone, Karlberg & Haddon, Sam E. Haddon, argued, Missoula, for defendants and respondents.

WEBER, Justice.

Plaintiffs Durand, Mutch, and Lien appeal a judgment entered in favor of defendants by the Twentieth Judicial District Court, Lake County, sitting without a jury. We affirm. The issues are:

1. Did the District Court err in concluding that plaintiffs had no valid mechanic's liens upon the defendants' property?

2. Does merger of the leasehold and the fee permit enforcement, against the fee, of a lien upon the leasehold?

3. Should...

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