25 A. 392 | Conn. | 1892
The plaintiff seeks in this action, by virtue of a mechanics' lien, to foreclose the interest of Mrs. Champion in premises which belong to her subject to her husband's life estate. The case comes to this court by the defendant's appeal. It appears that Mrs. Champion, with some reluctance, consented to the making of certain improvements to the family dwelling. This consent was given to her husband and to her son's wife, Mary, under an express arrangement and agreement that the latter, who had available funds, should furnish the money required, and after the improvements were completed, receive a deed of the premises, giving back a life lease of one tenement. Thereupon the plaintiff was invited by Mr. Champion to visit the premises, to see what was necessary to be done, and did so, the defendant being present. The plaintiff afterwards made a plan and gave it to Mr. Champion, who said it was satisfactory, and arranged for the materials, and for the work to be done by the day. The plaintiff at this time was informed that Mary was to furnish the money to pay for the improvements. During the progress of the work Mr. Champion generally gave necessary directions as to details, but Mary and the defendant occasionally gave such directions, each as to the tenement *77 which they were to occupy respectively. The plaintiff's bill was about $1,500, and the value of the property was thereby increased to that amount.
We will dispense with the examination of certain questions presented by the reasons of appeal. They mainly relate to the reception of evidence. If admitted only for the purpose which the plaintiff now claims, it was immaterial. To have been of any value to the plaintiff such evidence must have been received and considered for other purposes, and that the plaintiff does not now seek to vindicate. We omit further consideration of the matter, because the first reason of appeal, which is that "the court erred in refusing to rule as requested by the defendant, that such materials were not furnished or services rendered by virtue of an agreement with her, or by her consent, or with some person having authority from or rightfully acting for her," appears to us to be well founded, and decisive of the case, which we think clearly falls within the principle, and is controlled by the authority, of the decision in Huntley
v. Holt,
There is error in the judgment complained of, and it is reversed.
In this opinion ANDREWS, C. J., and CARPENTER and SEYMOUR, Js., concurred; TORRANCE, J., dissented.