Olson v. Orr
Citations
- 94 Kan. 38
- 145 P. 900
- 1915 Kan. LEXIS 39
Syllabus
<p>SYLLABUS' BY THE COURT.</p> <p>1. Mechanic's Lien — On Personal Property — Stipulation to Postpone Payment — Lien Not Destroyed. The statutory lien given to a mechanic, artisan or tradesman on an article of property upon which he has bestowed labor and expense (Gen. Stat. 1909, § 4808) is an extension of the common-law lien, and a stipulation which postpones payment for the labor and expense after completion and delivery does not necessarily destroy such lien!</p> <p>2.- Same — Possession of Property — Not Surrendered. In order to preserve the lien after the surrender of possession of property to the owner the claimant must comply with the provision of the statute relating to the filing of a written statement with the register of deeds, but in the present case it is held that the possession of the property was not surrendered to the owner.</p> <p>3. Same — Work and Material — Must Be at Owner’s Request. To entitle a mechanic, artisan or tradesman to a lien the work and material expended by him upon a chattel must have been done and furnished at the. owner’s request or with his consent, and it is held that this phase of the law was sufficiently presented to the jury in the instructions given by the court.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “Cases may not be reversed [on appeal] for a failure on the part of the trial court to exercise a discretion [it] was not asked to exercise nor upon rulings that were never made.”
- “Cases may not be reversed [on appeal] for a failure on the part of the trial court to exercise a discretion [it] was not asked to exercise nor upon rulings that were never made.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Johnston
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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