Dowd v. Dowd

Decided May 21, 1901

Michigan Supreme Court · decided 1901-05-21

Log-lien proceedings by Albyn Dowd against Charles S. Dowd, principal defendant, and Clarence C. Tuxbury, Charles S. Bacon, Bayard T. Bacon, and Charles M. Ayer (the last three named doing business as Bacon Bros. & Ayer), timber owners. Prom a judgment for plaintiff, defendant timber owners bring error. This suit was brought to enforce a lien for work and labor upon timber, was tried by the court without a jury, and a finding of facts and law made.

Affirmed · Decided 1901-05-21

Grant, J.

¶1(after stating the facts). The filing of the first statement of lien and the discontinuance of proceedings thereunder did not constitute an estoppel against the second statement of lien. Neither did the instruction to Tuxbury to pay plaintiff’s wages to the principal defendant operate as a waiver, only so far as such instruction was acted upon and the amount paid. There was nonovation, and plaintiff was at liberty to rescind this instruction at any time, and insist upon his lien.

¶2Judgment affirmed.

The other Justices concurred.