Potter v. Conley

Citations

• 83 Kan. 676
• 112 P. 608
• 1911 Kan. LEXIS 216

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Mechanic’s Lien — Right to a Lien. A mechanic’s lien is purely a creation of statute, and those claiming such a lien must bring themselves clearly within the provisions of the statute authorizing it.</p> <p>2. - Lessee Held Agent of Owner — Lien against Interest of Each. The statute gives a lien to anyone contracting with the owner of land or his agent for materials furnished or work done in repairing or improving a building thereon, and where the owner rents his property to another and stipulates in the lease that improvements may be made on the property by the lessee and the expense thereof deducted from the rentals to be paid by him, the lessee may be regarded as the ag'ent of the owner, and those doing the work and furnishing the material for improving the property will be entitled to a lien on the interest and estate of the lessee and the owner.</p> <p>3. Words and Phrases — “Repairs.” Under the circumstances of the case the term “repairs,” as used by the parties in the lease, is held to be intended to cover, and does cover, improvements made by the contractors.</p>