in reference to the loss of rentals sustained by your orators through the failure of said The L. P. Hazen Company to complete said building within the terms of said contract, and in reference to the amount due the various lien claimants as aforesaid, and the costs and attorneys fees of said lien claimants in enforcing payment and collection of their said claims, and the amount of the liability of said The Massachusetts Bonding and Insurance Company thereon, that it is necessary that said The Massachusetts Bonding and Insurance Company be made a party defendant to the above entitled cause. Your orators therefore pray: 1. That said The L. P. Hazen Company and said The Massachusetts Bonding and Insurance Company may answer this cross bill of complaint. 2. That said The L. P. Hazen Company and said The Massachusetts Bonding and Insurance Company may come to an accounting with your orators as to the amount due your orators from The L. P. Hazen Company and The Massachusetts Bonding and Insurance Company for the sums expended by your orators in the completion of said building, as aforesaid, and for the amounts of rentals lost by your orators through the failure of said The L. P. Hazen Company to complete said building in accordance with the terms of said contract, and as to the amount of indebtedness of said The L. P. Hazen Company remaining due and unpaid for the construction of said building, and as to the amount of such indebtedness due to each of said lien claimants aforesaid, and as to the amount of costs and attorneys fees incurred by each of said lien claimants aforesaid in enforcing the payment and collection of any and all of said indebtedness incurred by The L. P. Hazen Company in carrying out said contract. 3. And that said The L. P. Hazen Company and said The Massachusetts Bonding and Insurance Company may be decreed to pay to your orators the said sum of thirteen thousand eight hundred and thirty-four and 91/100 ($13,834.91) dollars expended by your orators in the completion of said building over and above the contract price of same to said The L. P. Hazen Company. 4. That said The L. P. Hazen Company and said The Massachusetts Bonding and Insurance Company may be decreed to pay to your orators the sum of ten thousand, five hundred ($10,500.00) dollars, being the amount of rentals and loss sustained by your orators through the failure of the said The L. P. Hazen Company to complete said building in accordance with the terms of said contract, and being damages occasioned to your orators by reason of being unable to have the use and occupation of said building and the rentals therefrom from the 15th day of July, 1910, to the 28th day of February, 1911. 5. That said The L. P. Hazen Company and said The Massachusetts Bonding and Insurance Company may be decreed to pay each of said lien claimants aforesaid, such sum as this court may find to be due said lien claimants respectively in the premises, together with the costs and attorneys fees incurred by each of said respective lien claimants in enforcing the payment and collection of their said respective claims. 6. For such other and further relief as shall be just in the premises. (Signed) JOHN F. DODGE, HORACE E. DODGE, No. 31. Crossbill by Lien Claimant named as Party Defendant in Original Bill. (Entitle Court and Cause.) This defendant, reserving to himself all right of exception to the said bill of complaint, for answer thereto says: (Admit or deny as the case may require, stating the defense or defenses relied upon.) This defendant, further answering and claiming the benefit of a crossbill says: That said E. F. after enter ing upon and commencing the said building and construction (or otherwise as may be) of the said.... did, in that behalf, afterwards, and on or about the..... ...day of .... 19...., make an agreement with this defendant, that this defendant should do and perform certain work and labor thereon (or furnish certain material therefor), for the consideration and compensation of .... payable as follows.... (state terms of contract fully, and if it was in writing, add: a copy of which contract is attached hereto, marked "Exhibit A" and made a part of this answer.) (Vary to fit the facts, stating employment by subcontractor, if such be the case.) (The next six paragraphs, same as paragraphs 4 to 9 inclusive of form for bill by laborer or materialman, changing the word "plaintiff" to the words "this defendant" where appearing and varying to fit facts; then proceed:) All of which this defendant is ready to aver, maintain and prove, and he therefore prays: I. That he may have the same benefit of this answer as if he had filed a crossbill; that said A. B., and C. D. and said E. F. (or name subcontractor, if agreement with him) may without oath, answer under oath being hereby waived, answer all and singular the matters herein charged and set forth; and that they may come to a just and true account with this defendant in the premises. (Proceed to conclusion as in form for bill by laborer or other claimant as the case may be, changing the term "plaintiff" to "this defendant" where appearing, varying to suit the facts, and adding proper verification.) No. 32. Motion or Petition to Intervene by Lien Claimant. (Entitle Court and Cause and Address.) Your petitioner L. M., respectfully shows: 1. That on or about the 19.... .... day of ...., one E. F., a contractor, entered upon and ... day of commenced the building and construction (or repairing or as may be) of a............ upon the premises described in the original bill of complaint filed in said cause pursuant to a contract and agreement previously made by him on or about the 19...., for such building and construction (or repairing, etc.) with said C. D., the owner of said premises; that in that behalf the said E. F., on or about the .. day of ... 19...., entered into a contract (if in writing, say so), with your petitioner to do and perform certain work thereon (or to furnish certain materials therefor), to-wit: for and in consideration of payable as follows: .. (State $..... terms of contract fully, and if it was with a subcontractor, vary to fit facts). 2. That in pursuance of and in compliance with said contract your petitioner faithfully performed said work (or furnished said materials), performing the first of said work (or furnishing the first of said material) on the ..day of 19...., and the last 19. . . . ; day of day of thereof on that within sixty days after the performance (or furnishing) of the last of said work (or materials), to-wit, on the 19...., your petitioner made and filed with the register of deeds of said county a true and duly verified statement of the amount due him therefor, and within ten days thereafter, to-wit, on the day of .... 19...., he served a copy of the same upon said C. D. within said county (or upon G. H., agent of said C. D., having charge of said premises within said county, said C. D. being then absent from said county; or if substituted service state facts as to posting upon premises and reasons therefor); and later, to-wit, on the .. day of 19...., your petitioner filed proof of such service in the office of the register of deeds of said county; all in accordance and full and strict compliance with the statute in such case made and provided. 3. That by reason thereof a valid and enforcible lien against the said premises and in favor of your petitioner arose, and that neither said lien nor the debt underlying the same has been paid, satisfied, discharged, waived, assigned, terminated or in any manner relinquished (enlarge or limit to fit the facts), and that there is now due and owing your petitioner thereon, over and above all legal setoffs, the sum of $... 4. That the plaintiff herein, in his bill of complaint filed in said cause, failed and neglected to name your petitioner as a party defendant therein; that said cause is now pending, and that for the enforcement of said lien and debt your petitioner is entitled to intervene and assert his rights and establish and foreclose such lien in said cause. 5. Your petitioner therefore prays that he may be allowed to intervene and become a party defendant in said cause and to file an answer claiming the benefit of a crossbill for the enforcement of his lien therein.12a Attorney for Petitioner. (Add proper verification.) No. 33. Petition to Intervene, after Proofs Taken.13 (Entitle Court and Cause.) (1) Your petitioners, Furstenberg Brothers, of the City of Saginaw, Michigan, would respectfully represent that they are engaged in the sale of lumber and materials in the City of Saginaw. (2) Your petitioners would further show that they furnished material to the amount of $309.56 at the instance and request of Charles Knoop, who was re-building, altering 12a. When the order allowing intervention is granted and entered, the claimant petitioner should answer, claiming affirmative relief by crossbill. 13. This form used in Kleinert v. Knoop, 147 Mich. 387. |