Salt Lake Tribune | 1909-11-14 | Page 39 | Denies Waiver of Lien in Answer Filed

DENIES WAIVER OF LIEN IN ANSWER FILED Ernest Talamini, Saturday, filed an answer in the district court to the eomplaiut of the Newhousc Kcalty company, in which he denies that ho waived bis right to file and claim a ! lien upon tho Boston and Newhousc buildings for wages due him for tho marble work on the structures. lie declares that the sum of $4700.-13 claimed by him under the lieu is on an entirely separate contract, which did not contain a waiver of that right. The company, in its complaint, alleged al-leged that Talamini failed to complete his contract and tat the contract signed, by him contained a waiver of his right to file a lien, consequently it naked that the lion bo declared invalid in-valid and that the cloud be removed from the title to the property. Judge Morse on Saturday heard the motion of the company to permit it either to pay the sum above mentioned into court or put up a bond for the payment of it, and have the lien dis-chhrged. dis-chhrged. The court ordered that the lieu be discharged upon the payment into court by the plaintiff of 54 70G.43, or upon agreement of the defendant, a bond may be filed by tho company and the lien discharged. An agreement agree-ment was reached between tho parties and a bond in tho above sum was filed by the company and tho lien discharged.