143 A. 777 | R.I. | 1928
This is a petition to enforce a lien for $435 claimed by a materialman. After trial in the Superior Court final decree was entered allowing the lien. Respondent appealed from the decree stating as a reason therefor that the decree was against the law.
At the trial in the Superior Court the facts stated in the petition were not disputed. It appears that petitioners made an oral contract with a contractor to furnish certain *442 materials to be used by the contractor in the construction of a house for respondent. Petitioners made seven deliveries of the materials upon the land of respondent during July 1927, and August 18 made the last delivery of a small quantity of materials. The value of all the materials delivered was $1,010. Petitioners received $575 from the contractor. October 17, 1927, petitioners gave respondent written notice of their intention to claim a lien for the balance of $435.
Our statute, § 4350, G.L. 1923, creating a lien for materials, provides that no such lien shall attach unless the person furnishing the same shall, within sixty days after such materials are placed upon the land, give notice in writing to the owner of the property to be affected by the lien (if such owner be not the purchaser of the materials) that he intends to claim such lien. At the trial respondent contended that petitioners were entitled to a lien for only the value of the materials delivered August 18, this being the only delivery made within sixty days prior to the giving of the notice of their claim of a lien. The trial court did not adopt this construction of the statute but held that the notice of intention to claim a lien was sufficient to entitle petitioners to a lien for all materials delivered on the entire contract. The trial court erred in its construction of the statute as this court decided in Newell v.The Campbell Machine Co.,
The appeal is sustained. The decree of the Superior Court is reversed, and the cause is remanded to the Superior Court for further proceedings.