Park v. Williamson Heater Co.

Citations

• 35 Ohio C.C. Dec. 517
• 29 Ohio C.C. (n.s.) 253

Syllabus

<p>MECHANICS’ LIENS</p> <p>1. Mechanic’s Lien Holders Protected When Failure to Follow Strict Letter of Law Due to Deception Practiced by the Owner.</p> <p>The validity of a mechanic's lien is not affected by failure of the contractor or material-man to follow the strict letter of the statute in the matter of furnishing to the owner or his agent a sworn and itemized statement as required by Sec. 1283 G. C., when such failure was due to deception practiced by the owner. In such a case the sending of a copy of the lien placed on record, addressed to the name used by the owner in making the contract, is a sufficient compliance with the statute and the lien so perfected will be held good.</p> <p>2. Mechanic’s Lien for Heating Apparatus Dates from Completion of Work not when Body of Work Done.</p> <p>Where heating apparatus was placed in a building and nearly all of the labor performed in June, but the registers were not installed or connections made until November, the filing of a mechanic’s lien within sixty days of completion of the work was within the time prescribed by the statute.</p> <p>3. Lien of Plumber Constructing Part of Work Filed after Expiration of Year and Completion by Another Plumber Void.</p> <p>But where a plumber does a part of the work on a building and a year later files a lien, the work in the meantime having been completed by another plumber at the instance of the owner, the lien is not filed within time and is void.</p> <p>4. Lien of Painter Leaving Work Unfinished Filing Lien after Sixty Days of Completion of Job Void.</p> <p>The lien of a painter, who left the job unfinished and filed a lien more than sixty days after the furnishing of the last material and labor, is also void for failure to file within the prescribed time.</p>