Hoffman v. McColgan

Citations

• 81 Md. 390
• 32 A. 179
• 1895 Md. LEXIS 56

Syllabus

<p>Mechanics' Lien — Estate of Lessor not Liable for Improvements made by Lessee.</p> <p>Where the contract for materials to be used in the construction of houses was made with the lessee of the land, the estate of the lessor is not subject to a mechanics’ lien therefor.</p> <p>Defendant, the'owner of a number of lots of unimproved ground, leased the same to C. for 99 years, reserving a rent of six dollars per front foot. On the same day, the defendant and C. made a contract by which C. agreed to erect houses on the lots and the defendant agreed to pay to C. the sum of $500 on each house as a bonus, and also to lend to C., or procure to be loaned, the sum of $700 on each house. C. then procured bricks for the structure on credit from the plaintiff, telling him that payment would be made with money to be advanced by the defendant. Before completion of the houses C. became insolvent, and abandoned the work. Plaintiff filed a mechanics’ lien for the materials supplied by him, and a bill in equity to enforce the same against the reversionary interest of the defendant. Held, that under Code, Art. 63, sec. 9, the reversionary estate of the defendant was not subject to the mechanics’ lien.</p>