192 Mich. 293 | Mich. | 1916
The bill in this case was filed for the purpose of foreclosing a mechanic’s lien. On April 19, 1913, complainants entered into a contract with
“All business is left to Mrs. Ewald. I don’t bother myself about the building at all. Whatever business matters you got, I leave that to her; she will settle with you.”
Burman further testified that he prepared a written contract and delivered the same to Mrs. Ewald- in the presence of her daughter; that he returned three or four days later, and Mrs. Ewald said the contract was all right, and that they were willing to sign the same. The contract was thereupon executed by Mrs. Ewald. When complainant Burman demanded the signature of defendant Frank Ewald to the contract, he was told by Mrs. Ewald that her husband was sleeping, and that she would sign it for him, which she did. Complainants thereafter erected the building, and received upon the contract price the sum of $8,865. The circuit court established complainants’ lien in the sum of $731.24, and ordered the property sold to satisfy the same. The decree further provided that complainants should make certain specified repairs to the building within 30 days from the date of the decree. From this decree, defendants Frank Ewald and Mathilda Ewald appeal. It is their claim that no lien attached in this case, for the reason that the contract was not signed by both of them.
It appears that the title to the lot upon which the building was erected rested in defendants Frank and Mathilda Ewald as tenants by the entirety. It was the contention of the complainants, and with this conten
“In case the title to such lands upon which improvements are made is held by husband and wife jointly, * * * the lien given by this act shall attach to such lands and improvements if the improvements be made in pursuance of a contract in writing signed by both the husband and wife.”
This court has many times held that the statute providing for a mechanic’s lien, being in derogation of the common law, must be strictly construed to the point when the lien attaches; that thereafter, because of its remedial character, a liberal construction may be indulged. Lacy v. Heat Co., 157 Mich. 544 (122 N. W. 112, 133 Am. St. Rep. 360); Frohlich v. Klein, 160 Mich. 142 (125 N. W. 14); Godfrey Lumber Co. v. Kline, 167 Mich. 629 (133 N. W. 528).
It is apparent that the statutory requirement for the signatures of both husband and wife to the contract, where the property is held by the entirety, must be satisfied before the lien can attach, and that up to this
The decree of the circuit court below establishing the lien will be reversed, and a decree entered in this court, dismissing complainants’ bill of complaint, with costs of both courts.