Hassenpflug v. Hart

On Motion for Rehearing

PER CURIAM.

On motion for rehearing, counsel for both appellant and amici curiae seriously question the statements in the opinion that: ■ .

“While it is true that legally plaintiff is liable on her contract with the builder, it is likewise true that under the Arizona Lien Laws, A.R.S. § 33-981 plaintiff by her conduct has caused the property to become responsible for labor and material liens. Penalty for nonpayment of such liens by the owner of the premises is a forced sale to satisfy the lien obligations.” [360 P.2d 483.]

The statements were unnecessary in order to reach the ultimate conclusion. They are ordered deleted and in lieu the following is substituted:

“Hardship is not alone to be found in the plaintiff’s case. By her conduct ■ defendants have been compelled to engage in litigation to protect their interest in the property.” . ;

*239The opinion as thus modified is in all other respects approved and the motion for rehearing is denied.