16 Utah 412 | Utah | 1898
This is an appeal from a decree for $770.76, and for costs against the defendant Merritt, and foreclosing a mechanic’s lien upon the interests of both defendants in the real estate described, and the improvements thereon. A default was entered against the defendant Merritt. It appears that the fee was in the-defendant Calder, and his co-defendant was his tenant; that he did not contract with the plaintiff for the materials or labor furnished by the plaintiff, or authorize any one to contract therefor;
The ninth finding is to the effect that the materials were furnished and the labor performed at the instance and request of both defendants, as shown by the lease made a part thereof. By the terms of the lease, the defendant Calder let the premises ordered sold to his co-defendant, for the term of five years, for the sum of $12,000; $166.75 to be paid on the 1st day of each month during the first year, and $208.33 monthly during the second year, and annual payments of $2,500 during the remainder of the term. The tenant also covenanted to expend $2,500 in the erection of permanent improvements on the premises during the term, and, at its expiration, to deliver the same to the lessor in as good repair as when delivered, reasonable wear from use excepted. It does not appear that Calder authorized Merritt to malee the improvements at his expense, or to furnish the materials or to perform the labor for him. The relation of principal and agent did not exist between them. Did the covenant in the lease that the tenant should expend $2,500 in permanent improvements on the premises give the contractor a lien upon the landlord’s interest in the property, for the price of the materials and the compensation of the labor in question, furnished at the special instance of the tenant? The answer depends upon the meaning of the following provisions of section 1, p. 44, Sess. Laws, Ter. Leg. 1894: “Mechanics, material men, contractors, or sub-contractors or builders * «• * performing labor upon, or furnishing materials to be used in, the construction, * * * addition, or repair * * * of any building, * * * shall
For the use of the premises for the term of five years, the tenant covenanted to pay $12,000,. and to make permanent improvements thereon costing $2,500. With this agreement to make permanent improvements, it is insisted the lease should be regarded as a building contract. Under the mechanic’s lien laws of Pennsylvania, the