Badger Lumber Co. v. Parker

Citations

• 85 Kan. 134
• 116 P. 242
• 1911 Kan. LEXIS 26

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Liens and Lienholders — Time of Filing Lien — Fraud. A lumber company sold material for the erection of improvements upon real estate, furnishing items from time to time as desired until August 17. January 31, thereafter, it endeavored to collect its bill, and, failing, took security for its payment. The next day it sold two cans of paint and a brush to the debtor and added the price to the bill and sought to maintain thereon a materialman’s lien. Held, that parties can not by such afterthought and subterfuge increase the time for filing a statement of lien beyond the four months prescribed by statute.</p> <p>2. -- Assignment of Executory Contract as Security for Material. While as between the original parties to an ex-ecutory contract for the salé of land a stipulation against assignment is binding, still when the intended purchaser is in possession and has paid about one-fourth of the entire consideration, he may secure a debt for material which he has purchased and with which he has made improvements upon the land, by assigning his interest in the contract, his present interest and investment being such that the vendor could not claim forfeiture under his contract or dispossess the purchaser without an accounting for the payments and improvements made on the land.</p>