426 P.2d 811 | Utah | 1967
Appeal from a judgment ordering foreclosure of a mechanic’s lien. Affirmed with costs to Smith.
Smith was a supplier of certain building materials. One Skabelund, owner of the property and a carpenter by trade, decided to improve his home and in doing so, bought materials from Smith on a credit open account sort of off-the-shelf fashion. When most of his work was done, he conveyed the home to appellant Johnson, who must have seen what was going on. Nonetheless, Skabelund, to his everlasting “credit;,”
Smith filed a mechanic’s lien 62 days after furnishing the last materials. The parties by stipulation asked this court to tell them if Smith was or was not an original contractor under the facts of this case, the answer to which would give him 80 days to file his lien, or only 60 if he were other than an original contractor.
Our answer is 80 days. We base it on the simple language of Title 38-1-2, Utah Code Annotated 1953,
. “[Section] 38-1-2. Whoever shall do work or furnish materials by contract, express or implied, with the cnoner, as in this chapter provided, shall be deemed an original contractor, and all other persons doing work or furnishing materials shall be deemed subcontractors.’’ (Emphasis added.)
. 7 Utah 2d 148, 320 P.2d 661 (1958).
. “The trial court did not indicate in its Summary Judgment whether or not it found that Elvin Coon was the owner of the real estate. If such fact were unequivocally established then appellant was necessarily an original contractor.”