E. W. Smith Lumber Co. v. Arnold

Citations

• 88 Kan. 465
• 129 P. 178
• 1913 Kan. LEXIS 367

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Mechanic’s Lien—Oral Contract to Purchase—Lien Attaches to Equitable Interest of Purchaser. A purchaser of vacant . lots under an oral contract by which he agreed to pay part of the purchase price in cash, the balance when deed was delivered, with the understanding that he was to erect houses on the lots, took possession before making the cash payment, and contracted for labor and material which were used in erecting the houses. Held, that he acquired the equitable title and that a lien for the labor and material attached thereto.</p> <p>2. -Estopped In Pais. In such case, under the facts shown in the evidence and stated in the opinion, it is held that the vendor is estopped by his conduct to claim, as against persons contracting with the purchaser for labor and material used in erecting the houses, that the cash payment was a condition precedent to the vesting of the equitable title.</p>