85 Mich. 587 | Mich. | 1891
This suit was brought to enforce a lien under Act No. 229, Lalvs of 1887.
Plaintiff entered into a written contract with defendants running from January 1, 1887, to January 1, 1888, by which he agreed to manufacture shingles for the defendants from their lumber at $1 per M. for 14 inch, $1.10 per M. for 16 and 18 inch, $0.40 per M. for culls, $0.35 per M. additional for fancy butts, and $0.20 per M. for diamond, octagon, and other similar shapes. At the expiration of the year there was a verbal renewal of the contract. He filed his statement of lien March 6, 1889, stating that the last day's work and labor was done February 26, 1889, and that the amount due was $3,419.33. April 4 he sued out a writ of attachment, which commanded the sheriff to “ seize all the XXX and XX shingles then in the yard of W. M. Dwight & Co., or so much thereof as should be necessary to satisfy," etc. The sheriff seized 8,000 bundles of shingles, more or less. Defendants gave bond-under the statute, and the shingles were released. Plaintiff ceased work for defendants February 26. He had delivered to them all the shingles manfactured prior to February 21. He had in his possession those manufactured between February 21 and February 26 at the time he filed his statement of lien. Defendants paid plaintiff the amount due for manufacturing them. Plaintiff had also been paid for all that was due him to October 8, 1888. About 3,000,000 were
The jury found a verdict in favor of plaintiff for $3,467.94; that the same was—
“Due for labor and services performed upon a portion of the products described in the declaration, to wit, one million and a half XXX shingles, one-half million XX shingles, and also certain other shingles delivered said defendants, but not seized under the attachment issued in this cause; subject, however, to the opinion of the court as to whether there can be a greater lien than the sum of $1.00 per M. on the above-mentioned shingles.”
In reply to a special question, the jury found that they were able to state the quantity of XXX shingles and XX shingles in Dwight & Co.’s yard on March 6, 1889, on which plaintiff performed labor and services between October 8, 1888, and February 31, 1889.
“The statement of lien shall be filed within thirty days after the completion or last day of such labor or services.”
Defendants insist that this 30 days commenced to run from the time each statement of the amount due was rendered, and that, therefore, plaintiff has no lien except on the last statement rendered, which showed the amount due for the two weeks previous to be $431.56. Their counsel say:
“It was as if every two weeks he [the plaintiff] had made a new contract with Dwight & Co. to cut their shingles for the next two weeks, and, receiving settlement for the work done under one contract, he would begin on another.”
Ve do not think that this is a proper construction of the rendering of statements showing the amount of work done and the amount due. These were not separate contracts, but the method adopted by the parties in doing their business under one and the same contract.
Judgment affirmed, with costs.
See Noyes v. Hillier, 65 Mich. 636; Pack, Woods & Co. v. Circuit Judge, 70 Id. 135; Goodrow v. Buckley, Id. 513; Demars v. Conrad, 73 Id. 151; Bourgette v. Williams, Id. 208; Streeter v. McMillan, 74 Id. 123; Appleman v. Myre, Id. 359; Kieldsen v. Wilson, 77 Id. 45 (partially overruled by Phillips v. Freyer, 80 Id. 254); Grand Rapids Chair Co. v. Runnels, Id. 104; Huntoon v. O'Brien, 79 Id. 227; Phillips v. Freyer, 80 Id. 254.