Home Lumber & Supply Co. v. McCurley

Citations

• 84 Kan. 751
• 115 P. 590
• 1911 Kan. LEXIS 412

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Mechanic’s Lien — Inclusion of Nonlienable Items in Good Faith Does Not Defeat. The inclusion of nonlienable items in a statement for a mechanic’s lien does not defeat the lien when there is no falsification of the statement, when such items are not confused with those which are proper so that they can not be easily separated, and when they were included in good faith under a mistaken belief respecting the extent of the claimant’s right.</p> <p>2. --Lien Statement Sufficiently Itemized. A subcontrae- . t-r’s lien statement for material furnished and labor performed under a completed contract for a stipulated gross price is sufficiently itemized which gives the contract price, and extra items stated separately.</p> <p>8. - Notice of Filing — Diligence in Serving — Question of Fact. Notice of the filing of a mechanic’s lien must be given the owner within a reasonable time. The question whether or not diligence has been exercised in serving the notice is one of fact to be determined according to the circumstances of each case.</p> <p>4. - Notice of Filing of Lien Statements. Under the facts stated in the opinion it is held that notices of the filing of lien statements were given in time although in one instance the delay extended over a period of 137 days.</p>