136 Iowa 341 | Iowa | 1907
In May, 1902, tbe defendants, Ilitaffer & Pronty, entered into a written contract with tbe appellant Bartlett, by tbe terms of wbicb they agreed to build for Bartlett, for tbe sum of $10,670, a tbree-story brick building and to furnish all labor and material for tbe same according to tbe plans and specifications of Bartlett’s architect. At about tbe time this contract was entered into, tbe contractors entered into a contract with tbe plaintiffs herein, by tbe terms of wbicb tbe plaintiffs were to furnish all hardware necessary for tbe construction of tbe Bartlett building. Tbe plaintiffs furnished hardware and builders’ material in accordance with tbe terms of their contract, until the building collapsed during tbe progress of the work thereon. They also furnished material wbicb went into tbe building after its reconstruction commenced, and this action is to establish and enforce a mechanic’s lien for tbe material so furnished. A portion of tbe building collapsed in August, 1902, at wbicb time, as we understand the record, less than a third of tbe material furnished by them bad been used in the building. Tbe last item of tbe material furnished was on March 18, 1903; and this charge was for repairs to a Yale lock. The next preceding charge was on February 3d, and the statement and affidavit for a lien were filed on tbe 3d day of April, 1903. Tbe appellants claim that tbe charge of March 18th is not a lienable item, and this presents one of the questions for determination in this case.
The appellant contends that the reconstruction of the building made necessary by its collapse cost him much more than he had agreed to pay in his original contract, and that he was entitled to use all the money remaining in his hands after making payments according to the terms of the contract, for the purpose of the reconstruction. This might be true under ordinary circumstances, but the record before us convinces us that, if the’ appellant was not directly responsible for the collapse of the building on account of faulty plans and specifications, he was at least chargeable with as much fault as were the contractors, and that he is now in no situation to make the claim as against the plaintiffs’ right that he be permitted to reconstruct his building with the funds which would otherwise have gone to the plaintiffs.
The. trial court reached the right result in this case in our opinion, and the judgment must be, ahd it is affirmed.