40 Ohio St. 2d 79 | Ohio | 1974
Appellant argues that R. C. 1311.16 gives a contractor, who contracts with a lessee to make improvements on leased property, a mechanic’s lien against the lessor’s interest for such improvements.
In Mahoning Park Co. v. Warren Home Development Co. (1924), 109 Ohio St. 358, at 364, 365, this court said that the “right of one who furnishes labor or material for the
In Mahoning Park Co., this court held that a mechanic’s
This court expressly disapproves the opinion and holding in Vitale Bros. Co. v. Wurtz, supra (2 Ohio App. 2d 99), insofar as that case expresses a view different from that established in Mahoning Park Co.
Judgment affirmed.
R. C. 1311.02.
“Every person or corporation who does work or labor upon, or furnishes machinery, material, or fuel for constructing, altering, or repairing watercraft, or for erecting, altering, repairing, or removing a house, mill, manufactory or any furnace or furnace material therein, or other building, appurtenance, fixture, bridge, or other structure, * * * or who does work or labor or furnishes material for the improvement, enhancement, or embellishment of real property * * * by virtue cf a contract, express or implied, with the owner, part owner, or lessee of any interest in real estate, or his authorized agent * * * has a lien to secure the payment thereof upon such watercraft, or upon such house, mill, manufactory, furnace, or other building or appurtenance, fixture, bridge, or other structure, or nursery stocks, * * * and upon the machinery or material so furnished, and upon the interest, leasehold or otherwise, of the owner, part owner, or lessee, in the lot or land upon which they stand, or to which they are removed * * * to the extent of the right, title, and interest of the owner, part owner, or lessee, at the time the work was commenced or materials were begun to be furnished by the contractor, under the original contract, and also to the extent of any subsequent acquired interest of any such owner, part owner, or lessee.”