Ernst v. Deister

ROSS, C. J. Henry Deister and Martin Deister, copartners, doing business under the name of the Farmers Lumber & Wrecking Co., and their assignors, furnished labor and materials to one J. W. Wilson, Jr., to construct a residence upon lot 4, Casa Bella tract, Maricopa county, and, not receiving payment therefor, a mechanics lien was filed against said lot, which they later foreclosed. The lot was sold under such judgment of foreclosure and the plaintiffs were the purchasers at said sale. Claiming that, by virtue of said lien foreclosure, sale, and purchase, they succeeded to the rights of Wilson, they commenced this suit against John Ernst and his wife to compel them to specifically perform a contract the latter had entered into with the Union Title Insurance & Trust Company, as trustee, in words and figures as follows: