278 N.W. 30 | Minn. | 1938
All assignments of error go to the superiority of the respondent's purchase money mortgage over plaintiff's lien. This depends in the main upon undisputed facts. In the findings this one is challenged as not sustained: "That said contract for deed did not require that the vendee, the defendant Thomas E. Jones, make any improvements on any part of said premises." However, the findings also state that the contract contained the agreement of the vendee "to assume full responsibility for the maintenance and upkeep of said premises, buildings and improvements." We do not think the finding attacked is successfully impeached by the quoted provision in the contract. And the evidence is without contradiction that when the contract was negotiated and up to the time of the recording of the mortgage there was no talk between the vendee and the ones who acted for the vendor requesting or consenting to any improvement or repair of the building. The farm was bought by Jones as "it was." He did not disclose to respondent's agent who showed him the premises, or to the agent in charge of respondent's lands in this state who negotiated the sale and executed the contract, how or when he intended to improve or repair the building. As we understand the position of plaintiff, it is that the dwelling on the farm had been unoccupied for some time not disclosed; that in the meantime some doors and windows had been removed, and the foundation on one side sagged; that it was evident that there had to be rather extensive repairs before the dwelling became fit to live in; hence, it is argued, that even if nothing was said except what was stated in the contract, the inference should be drawn that respondent authorized or consented to the improvement so as to charge its interests and title with any lieu under 2 Mason Minn. St. 1927, §§ 8490 and 8494. It cannot be that because one sells premises whereon buildings are dilapidated and sadly in need of repair, or so far gone that they should be torn down and replaced by new, the seller, from that situation, should have consented to the repair or improvement so as to charge his interests as vendor with liens for material and labor contracted for by the vendee. We think the *277
challenged finding is sustained and not contrary to the evidence. The material here in question was not furnished under contract with respondent or at the instance of any of its agents, so that plaintiff's lien could attach under § 8490. Nor does § 8494 help plaintiff. True, the lien attached as of the date of the delivery of the first item of the material on the ground upon the interest of Jones, the vendee, who ordered the material. City of Ortonville v. Geer,
The judgment is affirmed.
MR. JUSTICE STONE, because of illness, took no part in the consideration or decision of this case.