226 N.W. 225 | Mich. | 1929
Plaintiff here seeks by cross-bill to enforce a lien upon an apartment building erected by defendants Young and Taan for the price of 49 gas ranges which were installed therein. These ranges were delivered on the premises by the plaintiff, and were installed by employees of the defendants by placing them against the walls in the several apartments and connecting them with a gas fixture which had been placed therein. Plaintiff appeals from the decree entered dismissing its cross-bill.
3 Comp. Laws 1915, § 14796 (mechanics' lien law), provides that —
"Every person who shall, in pursuance of any contract, * * * furnish any * * * materials *582 in or for building, altering, improving, repairing, erecting, ornamenting or putting in any house, building * * * or structure, * * * shall have a lien therefor."
The test to be applied is whether these gas ranges were fixtures and became annexed to the real estate when installed. What are fixtures and become part of the realty was considered at length in Morris v. Alexander,
The conclusion reached finds support in Lyle v. Rosenberg,
The failure to serve process on the owners was clearly waived by their voluntary appearance and answer to the cross-bill, and need not be further considered.
The decree entered is reversed and set aside, and one may be entered here granting the Peninsular Stove Company the relief prayed for in its crossbill, with costs of both courts.
NORTH, C.J., and FEAD, FELLOWS, WIEST, CLARK, McDONALD, and POTTER, JJ., concurred.