26 So. 2d 8 | La. | 1946
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *981 This is an appeal from a judgment dissolving a writ of attachment.
The plaintiff, Standard Supply and Hardware Company, Inc., brought suit against Humphrey Brothers and Oil Incomes Inc. to recover $21,767.85, for materials furnished to George E. Lilly and Lilly-Thompson Drilling Corporation and used in the drilling of two oil wells for the defendants. The plaintiff attached defendants' well that was producing oil.
The defendants, owners of mineral, oil and gas leases, entered into two contracts with George E. Lilly and Lilly-Thompson Drilling Corporation, drilling contractors, whereby the contractors drilled two oil wells on two contiguous tracts of land for the defendants. One contract called for the drilling of a well on the property of one, Foret, and the other contract called for the drilling of a well on the property owned by one, Ortego, the defendants' lessors. The well drilled on the Foret tract was completed as a dry hole in the month of September, 1941. The well drilled on the Ortego tract was brought in as a commercial producer of oil during the month of November, 1941.
The drilling contractor filed a lien during the month of November, 1941, under the provisions of Act
The defendants move to dissolve the attachment on the ground that Act
The motion to dissolve was submitted on plaintiff's petition, the affidavit and certain exhibits, including a list of the supplies furnished. Upon hearing, the lower court gave judgment dissolving the attachment and the plaintiff has appealed.
From the written reasons of the trial judge, it appears that he arrived at the conclusion that Act
Primarily a determination of this appeal depends on the sufficiency of the allegations in plaintiff's petition and the affidavit in alleging an indebtedness on the part of the defendants.
Act
From the allegations of plaintiff's petition, the defendant did not require bond from the contractor and no notice of acceptance was recorded at the time plaintiff filed its lien. Such being the case, the lien was timely filed under the provisions of Act
Act
These later acts contain a clause to the effect that laws or parts of laws that are in conflict are repealed, but neither of the *986
acts specifically repeal Act
This brings us to the question of whether the subsequent acts repeal Act
The provisions of Act
On this day we are handing down an opinion in the case of Glassell, Taylor Robinson v. John W. Harris Associates, Inc., of Louisiana et al.,
Act
We see no valid reason why the statutes dealing with drilling contracts should be so construed as to deny the furnisher of materials the protection afforded the furnisher of materials under building contracts. We cannot believe the Legislature ever intended to grant less protection to furnishers of materials under drilling contracts than that granted to furnishers of materials under building contracts.
We are further supported in this opinion by the fact that Act
It is contended that the allegations in the plaintiff's petition and affidavit show that the materials furnished were used to drill the well that resulted in a dry hole and that the lien could not be imposed on the producing well. We cannot agree that the petition and affidavit show with any degree of certainty that the materials were used in drilling the well that resulted in a dry hole. However, were this the fact, it would not prevent the plaintiff from asserting his lien on the producing well. The wells were drilled on contiguous tracts of land by the same contractors for this defendant. The materials were bought on an open account from the same company. The statement of account does not designate which well the materials and supplies were used in drilling. Under such circumstances the lien could be imposed on the producing well, which was done in this case. Mercantile National Bank of Dallas v. J. Thos. Driscoll, Inc.,
The plaintiff urges two other grounds why the attachment should be sustained: *989
(1) That the debt was created through the agent of the defendants; (2) that under a certain agreement with the plaintiff and drilling contractors the defendants had assumed the obligation. Since we have arrived at the conclusion that the defendants are liable for the debt under the provisions of Act
For the reasons assigned, the judgment of the lower court dissolving the writ of attachment is reversed and set aside. The attachment is reinstated and the case is remanded to the lower court to be proceeded with consistent with the views herein expressed. The cost of this appeal to to be paid by the defendants and all other costs to await the final disposition of the cause.
HAMITER. J., concurs in the decree.