66 P. 779 | Utah | 1901
This is an action to foreclose a mechanic’s lien. The appeal is upon the judgment roll from a decree awarding to the Sierra Nevada Lumber Company, respondent, a lien for $197.51 and costs on certain real estate of the appellant, and ordering a sale of the same to satisfy the lien.
The trial court found: “That on or about the thirty-first day of August, A. ,D. 1899, the defendant, Samuel M. Whit-more, who was the owner of an interest in the property described in the complaint, entered into a contract with the defendant, J. F. McLachlan, for the erection by said McLachlan for said Whitmore and others, of a terrace of dwelling houses, described, for the sum of $5,500; that said property is situated
1. Appellant, Whitmore, contends that the $135 item should have been allowed as a credit in his favor on the ground that under the provisions of the mechanic’s lien law of this state (Rev. Stat., sec. 1372) the respondent was entitled to a lien only for the value of the materials furnished. Said section provides that mechanics,, materialmen, contractors, subcontractors, etc., shall have a lien ..... for the value of services rendered, labor done, or materials furnished, . . . whether at the instance of the owner or of any other person acting by his authority or under him as agent, contractor, or otherwise. This section, if it stood alone, would limit the lien of the original
2. The appellant also contends that the $78.02 item should have been allowed in his favor, because the materials delivered to McLachlan, the contractor, at the agreed price of said sum, did not go into the building or enhance the value of the estate, and therefore were not the basis of a lien under the provisions of the statute. Under section 1372 of the Revised Statutes, all persons furnishing materials to be used in the construction of a building are entitled to have a lien. The trial court found that the materials in question were delivered to said contractor to be used in said building. From the fact
3. Appellant contends that the $100 item should have been allowed as a credit in his favor. In the opinion delivered
It is ordered that the judgment be affirmed, and that the appellant pay the costs.