Long-Bell Lumber Co. v. McCray Band Co.

Citations

• 89 Kan. 788
• 132 P. 992
• 1913 Kan. LEXIS 123

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Mechanic’s Lien — Lessee Agent of Lessor — To Furnish Material and Labor. Where a short-term lease contains a provision authorizing the lessee to make repairs or iniprovements at his own expense but that all repairs, additions and material shall become and remain the permanent fixtures to the building; held, that the provision, being for his benefit, the lessor .thereby makes the lessee so far his agent as to entitle laborers -and material men who furnish labor or materials in making repairs or additions, under contract with the lessee, to a lien on the leased property for such labor or materials.</p> <p>2. - Materialman’s Conduct and Neglect Defeats His Lien. Where in such case a materialman, having no personal claim against the lessor, enters into an agreement with the lessor to accept his promissory note in lieu of the lien and thereafter, in violation of the agreement, files a statement for a lien based solely upon the note and without any statement of the .account; held, that by the violation of the agreement the note 'became invalid for failure of consideration, and by failing to file a statement of the items of the account the lien was lost.</p>