Chicago Lumber & Coal Co. v. Smith

Citations

• 84 Kan. 190
• 114 P. 372
• 1911 Kan. LEXIS 302

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Practice, Supreme Court- — Assignments of Error. An assignment of error that the court erred in the judgment which it rendered merely says the judgment is wrong, and does not specify any error within the meaning of rule 9 of this court.</p> <p>2. Mechanic’s Lien —- Subcontractor — Notice • — - Description of Property. The statute providing that any person who under a subcontract with the contractor furnishes material for an improvement on real estate may obtain a mechanic’s lien (Civ. Code, § 651) does not require that the subcontractor should know the exact description of the property to be improved. It is sufficient if his contract relate to the betterment of a particular estate or the estate of a particular person.</p> <p>3. - Same. A contractor went to the office of a lumber company and stated to the company’s agent that he had “Jesse Smith’s contract” and wanted material. The two went out into the company’s yard and looked over its stock, and thereafter the company furnished the contractor material as needed, which was used in the improvement of Smith’s lots. Held, the . destination of the material was sufficiently indicated to entitle the company to a lien.</p> <p>4. - Subcontractor — Notice—■Number or Kinds of Structures. In the- case stated it was not necessary that the subcontractor should know either the number or the kinds of structures contemplated in order that his contract might furnish the basis for a lien.</p> <p>5. -Single Lien — Different Forms of Improvements. A subcontractor furnishing material under a single and entire contract with the contractor is entitled to a single lien for all the material furnished, irrespective of the number of forms the improvement takes or the number of contiguous lots into which the improved tract is divided.</p> <p>6. - Same. In the case stated in paragraph 3 the contractor’s original contract with the owner provided for the erection of a house only. Afterward a contract was made