134 Mo. App. 95 | Mo. Ct. App. | 1908
In July, 1906, respondent Ella M. Baker owned a house and lot in St. Louis, but incumbered by two deeds of trust, executed May 15, 1906; one for a large amount. Prior to the trial the second deed of trust had been foreclosed and the property passed to the purchaser at the foreclosure sale. On July 18th of said year, Ella M. Baker engaged appellant, a corporation, to install in her residence a hot water heating apparatus in lieu of a hot air furnace, agreeing to pay $635 for the work. Appellant, was to furnish the apparatus necessary for heating by hot water, including a boiler to be placed in the basement, and coils and radiators leading from it to the different rooms. The heating plant was installed and the evidence inclines to prove it could be taken out without further damage to the building than leaving holes in
Whether the material of which an improvement in a building is composed can be taken out of the building without substantial damage, is not the criterion prescribed in the cases for determining the question of the priority between an incumbrancer whose deed of trust was on the property when the improvement was made, and the person seeking a lien; or at any rate, not the only criterion. The test of precedence is whether the work and material were 'done and furnished in the completion of the building, or in making repairs on one already finished when the incumbrance was taken. In the former contingency the lien will have preference as
The judgment is affirmed.