Crescent Electric Supply Co. v. Nerison Et - Supreme Court of South Dakota

Crescent Electric Supply Co. v. Nerison Et

By Supreme Court of South Dakota

  • Release Date: 1975-08-01
  • Genre: Law

Description

WINANS, Justice. This mechanic's lien case has involved several parties, some of them no longer concerned with the matter. Crescent Electric
Supply Company is a wholesaler with a place of business at Sioux Falls. From December of 1970 through mid-May of 1971 it supplied
materials to West Electric Company, Inc., for electrical work being done in the construction of Tower Apartments. It appears
that Tower Apartments in turn paid West Electric some $19,000 which West Electric in turn applied to its other outstanding
accounts at Crescent Electric but not to its Tower Apartments account. In due time West Electric went into bankruptcy. Crescent
Electric filed a mechanic's lien against Tower Apartments and brought an action to foreclose. It joined as defendants in addition
to Tower: Creighton TV Service, Interstate Electric Supply Company, Inc., Audino Construction Company, Swenson Plumbing and
Heating, Day Excavating and Northwestern National Bank of Sioux Falls. Either before or at the trial Audino Construction Company,
Swenson Plumbing and Heating and Day Excavating were released as parties. Northwestern National Bank put in no answer.