42 Minn. 286 | Minn. | 1890
This is an action to enforce a mechanic’s lien upon real estate. Prior to the 15th of July, 1887, the defendant McKinney, with his wife, and the defendants Olive A. Lee and Bernard A. Lee, entered into contracts with the owners of the land in question, the defendants Boshart and Lane, for the purchase of the property, and McKinney entered into possession and commenced the construction of a building thereon. During the period from July 15,1887, to December 31, 1887, the plaintiff, pursuant to a valid contract with McKinney, performed .the labor and furnished the material for the erection of this building for which a lien is claimed, to the extent of $2,916.90, and which McKinney promised to pay. Two thousand three hundred dollars of this amount was for labor and material in plastering the building, that being the contract price. On the 10th of March, 1888, only $200 having been paid, the plaintiff filed his lien statement in which the item of $2,300 was stated as one entire charge, as follows: “Plastering, labor and material, contract price, $2,300.” The affidavit attached to the statement of the account stated McKinney’s contract relations with the owners of the property, the defendants Boshart and Lane, but did not state that there had been any agreement on their part respecting the erection of the building; the only allegation being that the contract with McKinney for the labor and material in question was with the “consent” of such
The court held that the plaintiff was entitled to a personal judgment against McKinney for the amount claimed, and that this should be charged as a specific lien upon the building, and upon the interest which McKinney had in the land at the time of the performance of the labor and furnishing of the material; and judgment was ordered accordingly. This is an appeal by Smith and Howes from an order refusing a new trial.
At the time when the actions were commenced against McKinney and his co-contractors to cancel the contract of purchase, and when the judgments were entered in those actions, this plaintiff had a perfected lien (as to the validity of which we shall speak hereafter) upon the property. He was not a party to the actions referred to, and his interests were in no way prejudiced by the judgments. Maloney v. Finnegan, 40 Minn. 281, (41 N. W. Rep. 979.) Nor could he be divested of his lien by any relinquishment or assignment by McKinney of his contract rights, or by the transfer of the property to the defendants Smith and Howes. Boyd v. Blake, supra, p. 1.
The point that the lien statement was insufficient as to the charge of $2,800, because there was no more particular statement of the elements entering into it, is not sustained. This sum being the agreed contract price for the work specified, as an entirety, no more detailed statement of the account was necessary, even if it was possible.'
Eeferring again to the statute providing for a lien “upon such house,” etc., we regard the following part of the same sentence as disclosing that it was not intended that a lien should attach to the house irrespective of its ownership; for the lien, which is also to rest upon the “land upon which the same is situated,” is by the terms of the law confined to the interest (in the land) of “the person owning such house. * * *” The statute proceeds upon the theory (except in cases specially provided for in section 10) that the building becomes a part of the real estate, and that the ownership of the building and of the land are identical. And such seems to have been the fact in the case under consideration. The case justifies us in assuming that the building became a part of the realty; and there was no reason for any distinction in respect to the lien between the building and the land. It is considered that the conclusion and order of the court, the language of which so closely conforms to that of the statute, should be construed in the same manner as the statute; the lien being upon the interest of McKinney in the building and in the land in question.
Order affirmed.