Elder Mercantile Co. v. Ottawa Investment Co.

Citations

• 100 Kan. 597
• 165 P. 279
• 1917 Kan. LEXIS 384

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contract — Construction of Building■ — Suspension of Work by Owner —Not an Abandonment. When the owner or real estate begins the construction of a building thereon, and for want of funds to continue its construction or for other reason suspends the work, but with an intention and desire to complete it as soon as possible, and later contracts with a building firm for such completion which is begun, held, that as to such owner such suspension does not constitute an abandonment of the work.</p> <p>2. Building Contract — Suspension of Work — Mechanics’ Liens. When the materialmen ar'e not advised and do not know of such intention and desire to complete the building, they may treat the work as abandoned and file liens.</p> <p>3. Building Contract — Suspension of Work — New Contractor — Materialmen’s Liens. When, after so treating it and so filing their liens, ’ they contract with a building firm which contracts with the owner to complete the building, and agree with such firm, with the knowledge and cooperation of the owner, to furnish labor and material to complete the building, their former liens being recognized by such firm and owner, then upon abandonment of the work by such firm such materialmen may have liens for all the labor and material furnished.</p> <p>4. Same — Mechanics’ Liens — Rights of Materialmen. When in such contract to furnish labor and material for the completion of the building ■the materialmen agree not to file liens on the assumption that a certain bond will be given by such firm as required by its contract with the owner, they are not required to take notice of the failure to give such bond, but on ascertaining such failure may file their liens, their waiver so to do being contingent on the fulfillment of the contract to give such bond. .</p> <p>5. Same — Priority of Liens. The company which began the construction of the building agreed with the firm which contracted for its completion to pay, therefor certain