Southwestern Paint & Wall Paper Co. v. Perkins

Citations

• 90 Kan. 725
• 136 P. 324
• 1913 Kan. LEXIS 296

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Mechanic’s Lien — •Adjacent Buildings — Confusion of Accounts — Lien Statements Sufficiently Itemized. The owners of adjacent lots erected buildings on them. The owners employed the same contractor, who worked on both buildings at the same time. He purchased material for both buildings of a subcontractor who charged it all to one account. The buildings were erected according to the same plan, and the various kinds of material used in both were of the same grade. After all the material had been furnished it was apportioned between the two buildings' according to a rule which is not in dispute. One of the owners paid his proportion in full and the subcontractor filed a mechanic’s lien against the building of the other. In the lien statement all the items furnished for both buildings were ' specified, all credits for payment on both buildings.were specified, and a lien was claimed for the balance. Another subcontractor who had furnished material and kept his account in the same way separated the items which went into the building against which the lien was filed from the others and specified them in its lien statement. Held, the original confusion of accounts was not prejudicial, and that the lien statements were sufficiently itemized.</p> <p>2. Notice of Lien — Registered Mail — Valid. Written notice of the filing of a mechanic’s lien served by registered mail which reaches the owner personally is valid.</p> <p>3. Price of Building Fixed by Owner and Contractor After Completion — Not Binding on Subcontractor. It appeared that the contract price of the building was fixed by the owner and the contractor' in a settlement made after the building was completed. Held, that the liability for subcontractors’ liens was not limited to such price.</p> <p>4. Amendments to Petition — To Conform to Proof — Not Error. It appeared on the trial that the contractor was really the agent of the owner in purchasing material and employing labor for the e