124 Minn. 317 | Minn. | 1914
Appeal by the Arcade Investment Co. from a judgment awarding plaintiff a mechanic’s lien upon its realty and adjudging foreclosure.
In 1907, defendant, being the owner of a building in Minneapolis, leased a room therein for 10 years to one Cohen, who thereafter used it as a store until April or May, 1912, when he sublet to Neamon' & Economy, who then took possession and proceeded to fit up the room as a restaurant, employing plaintiff to do the work and furnish and install sinks, lavatories, water-closet, etc., together with requisite plumbing. Pursuant to this arrangement plaintiff supplied such articles, all of which were new, and did the work, all of the value of $222.50, and charged the same on its books to Neamon & Economy, who thereafter, at some time not disclosed by the record, paid $25 thereon, only. In due time plaintiff filed a mechanic’s lien against the realty for $227.50, claiming, among other things, that the several items mentioned were installed with defendant’s knowledge and consent.
The court found the facts substantially as stated, and, further, that the contract for furnishing articles and labor was entered into
“Whenever land is sold under an executory contract requiring the vendee to improve the same, and such contract is forfeited or surrendered after liens have attached by reason of such improvements, the title of the vendor shall be subject thereto; but he shall not be personally liable if the contract was made in good faith. When improvements are made by one person upon the land of another, all persons interested therein otherwise than as bona fide prior incumbrancers or lienors shall be deemed to have authorized such improvements, in so far as to subject their interests to liens therefor. But any person who has not authorized the same may protect his interest from such liens by serving upon the person doing work or otherwise contributing to such improvement, within five days after knowledge thereof, written notice that the improvement is not being made at his instance, or by posting like notice, and keeping the same posted, in a conspicuous place on the premises':' Provided, that as against a lessor no lien is given for repairs made by or at the instance of his lessee.”
The contention is that the provision as to giving written notice that improvements are not being made at the instance of the owner, applies only as between vendor and purchaser. The contrary, however, was held in Congdon v. Cook, 55 Minn. 1, 56 N. W. 253, and the same doctrine recognized in Jefferson v. Leithauser, 60 Minn. 251, 62 N. W. 277, and Wallinder v. Weiss, 119 Minn. 412, 415, 138 N. W. 417. Under our statute the lien does not necessarily rest upon a contract with the owner. Althen v. Tarbox, 48 Minn. 18, 50 N. W. 1018, 31 Am. St. 616. Authorities holding otherwise
Nor can it be held that the articles furnished and labor performed were “for repairs,” within the meaning of the statute. No repairing was done. The lien items were improvements in that they increased the value of the property. No claim is made that any of the installations are trade fixtures or removable.
Defendant also urges that the evidence failed to show filing of the lien statement in the office of the register of deeds. The original instrument, with file marks thereon, was received in evidence, accompanied by extraneous evidence of filing. Subsequently a case was
The evidence sustains the findings.
Assignments of error not covered are without merit.
Judgment affirmed.