16 N.M. 197 | N.M. | 1911
OPINION OF THE COURT.
This was an action in the trial court, wherein the plaintiff, the Houston-Hart Lumber Company, was claiming a mechanic’s lien for material furnished and delivered to the contractor, who used such materials in the construction of a sidewalk built along, in front of, and adjacent to, certain town lots in the city of Clovis, owned by the defendants, Harry Neal and F. C. Herbert; the plaintiff’s claim to the lien being based on Section 2218, of the Compiled Laws of 1897, on Mechanic’s Liens, which reads as follows, to-wit: “Sec. 2218. Any person who, at the request of the owner of any lot in any incorporated city or town, grades,, fills in, or otherwise improves the same, or the streets in front of, or adjoining the same, has a lien upon such lot for his work done and materials furnished.” There is no controversy as to the facts in this case, and the 'only question involved is: “Does the purchase and use of material by the contracto]’ in the construction of a sidewalk along and in front town lots, amount to the request of the owner for the purchasing of such materials, so as to bring the case within the provisions of said Section 2218?