Continental Supply Co. v. Bankers Oil Co.

Citations

• 110 Kan. 468
• 204 P. 692
• 1922 Kan. LEXIS 73

Syllabus

<p>SYLLABUS BY. THE COURT.</p> <p>1. Action on Express Contract — Recovery on Implied, Contract. A judgment based on an allegation of an express contract will not be reversed where the evidence shows that the contract was implied and the party liable has not been misled.</p> <p>2. Mechanics' Lien — Allegations of Petition — No Substantial Variance Between Pleading and Proof. A petition for the foreclosure of a mechanics’ lien alleged that the lien had been filed^ in the office of the clerk of the county. The evidence showed that the lien had been filed in the office of the clerk of the district court of that county. Held, that there was no substantial variance between the pleading and the evidence.</p> <p>3. Same — Lien Statement Properly Amended. A mechanics’ lien statement which recites that the plaintiff claims a lien in accordance with the laws of Oklahoma may be amended by changing the word Oklahoma to Kansas.</p> <p>4. Same — Material Sold for Use on Property Described in Lien Statement. There was evidence which tended to prove that the material'for which the lien statement was filed had been sold by the plaintiff to the defendant for use on the property described.</p> <p>5. Same — Lien Statement Filed in Time. The evidence tended to show that the mechanics’ lien statement was filed on June 8, 1920, and that the last item of material was sold on February 11, 1920. Held, that the lien statement was filed in time.</p> <p>6. Same — Materials Received and Used on the Lease — Lien Valid. Materials that were used on a gas and oil lease described in a lien statement were ordered by the president of the corporation owning the lease, or by the wife of the president, or by his son. The materials were received and were used on the lease. Held, that the defendant cannot escape liability therefor, although it was not shown that the president of the corporation, or his wife, or son, had authority from the corporation to purchase the materials.</p>