Pinkerton v. Le Beau
Citations
- 3 S.D. 440
- 54 N.W. 97
- 1893 S.D. LEXIS 1
Syllabus
<p>1. The mechanic’s lien law of this state should be liberally construed in favor of the mechanic and material man. The rule of the common law, that statutes in derogation thereof should be strictly construed, has no application to the Code of this state, the rule having been abrogated by statute.</p> <p>2. As a general rule a person in possession of land under a contract to purchase the same cannot, to the prejudice of the legal owner, subject either the land, or buildings erected by him thereon, to a mechanic’s lion; but by the mechanic’s lien law of this state the general rule has' been changed as to the buildings erected on the land, but not as to the land itself.</p> <p>3. A stipulation in a contract for the sale of land, that it was understood between the parties that the vendee should erect a building upon the land, does not, of itself, constitute the vendee the agent of the vendor, within the meaning of the mechanic’s lien law, nor authorize the vendee to subject the land of the vendor to a lien for material furnished for a building contracted for by such vendee.</p> <p>4. A party in possession of land under a coStract to purchase the same has authority to contract for the erection of buildings or improvements thereon, and to subject such buildings or improvements to the lien of the party furnishing material therefor or performing labor thereon, which buildings or improvements may be sold separately from the land, and removed therefrom by the purchaser, although the vendee may subsequently abandon said premises, and forfeit all his rights under the contract to purchase.</p> <p>(Syllabus by the Court.</p>
Judges: Corson, Tbe
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13 cases in this archive cite this case.
- Crescent Electric Supply Co. v. NerisonSouth Dakota Supreme Court· 1975-08-01· cited 43×
- Salzer Lumber Co. v. ClaflinNorth Dakota Supreme Court· 1907-11-08· cited 33×
- Kehoe v. HansenSouth Dakota Supreme Court· 1896-01-27· cited 9×
- Janes v. OsborneSupreme Court of Iowa· 1899-05-16· cited 9×
- Charles Betcher Co. v. ClevelandSouth Dakota Supreme Court· 1900-07-11· cited 6×
- Smith v. AllmendingerSouth Dakota Supreme Court· 1918-11-29· cited 6×
- Larson Concrete Co. v. StroscheinSouth Dakota Supreme Court· 1984-08-15· cited 5×
- Southard v. SmithSouth Dakota Supreme Court· 1896-02-15· cited 4×
- L. Lamb Lumber Co. v. RobertsSouth Dakota Supreme Court· 1909-05-07· cited 3×
- Union Trust Co. v. Branch Mint Operating Co.South Dakota Supreme Court· 1912-01-31· cited 3×
- John W. Tuthill Lumber Co. v. McMackinSouth Dakota Supreme Court· 1913-05-10· cited 3×
- Rolewitch v. HarringtonSouth Dakota Supreme Court· 1906-04-03· cited 1×
- Lapham v. RansfordOhio Circuit Courts· 1905-01-26
Cites
8 cases in this archive are cited by this case.
- Davis v. AlvordSupreme Court· 1877-05-18· cited 62×
- Mining Co. v. CullinsSupreme Court· 1881-11-21· cited 52×
- Henderson v. ConnellyIllinois Supreme Court· 1887-11-11· cited 44×
- Proctor v. TowsIllinois Supreme Court· 1885-11-14· cited 30×
- Wagar v. BriscoeMichigan Supreme Court· 1878-04-09· cited 28×
- Hickox v. GreenwoodIllinois Supreme Court· 1880-01-15· cited 19×
- Lauer v. BandowWisconsin Supreme Court· 1878-01-15· cited 17×
- Stevens v. Inhabitants of LincolnMassachusetts Supreme Judicial Court· 1874-01-15· cited 10×
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