(Download) "Morin Lumber Co. v. Person Et Al." by Supreme Court of Montana ~ eBook PDF Kindle ePub Free
eBook details
- Title: Morin Lumber Co. v. Person Et Al.
- Author : Supreme Court of Montana
- Release Date : January 15, 1940
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Materialmens Liens ? Right to Lien not Confined to Person Contracting Directly With Owner of Property ? Contractor Agreeing to Turn Over Dwelling Free from Encumbrances ? Effect of Clause on Right of Lien Claimant Who had Knowledge Thereof. Materialmans Lien ? Right to Lien not Confined to Person Contracting Directly With Owner of Property. 1. The right to a materialmans (or mechanics) lien is not confined to persons contracting directly with the owner of the property upon which improvements were made; but where the sons of the owner of ranch property as lessees thereof contracted directly with the construction of a dwelling on the land, dealt with the plaintiff lumber company in arranging for the furnishings of the materials, and the owner gave her consent thereto and subsequently ratified what had been done by making a substantial payment for the materials, the plaintiff was entitled to a lien to secure payment of the balance due. Same ? Effect of Knowledge in Claimant of Clause in Contract That Contractor Would Turn Over Dwelling Free of All Encumbrances. 2. Where a materialman with knowledge of the fact that a contractor had agreed in writing to turn over the building he had contracted to erect free of all encumbrances, furnished materials for the structure, but did not assent to be bound by such contract, he may not be held to have waived his right to a materialmans lien; the right to such a lien may not be taken away by implication, but only where the assent to such a clause by one intended to be benefited by the statute granting it is clearly shown.