Boone v. Chatfield

• Decision Date: 19 May 1896
• Citation: 24 S.E. 745,118 N.C. 916
• Parties: BOONE v. CHATFIELD et al.
• Court: North Carolina Supreme Court

24 S.E. 745

118 N.C. 916

BOONE v. CHATFIELD et al.

Supreme Court of North Carolina

May 19, 1896

Appeal from superior court, Haywood county; Robinson, Judge.

Action by J. K. Boone against B. P. Chatfield and others. Judgment for defendants, and plaintiff appeals. No error.

Where a lease of a hotel provided that the lessee should make repairs, and should pay for the same, and deduct the cost thereof from the rent, and required the lessee to deposit a certain sum in a bank, out of which the cost of repairs should be paid, and provided that no liens should be created on the property for such repairs, and the lessee was ejected for failure to pay rent, a mechanic, who made the repairs for the lessee, could not enforce a lien on the property; his remedy being against such lessee.

Ferguson & Ferguson, for appellant.

R. D Gilmer, for appellees.

MONTGOMERY J.

The defendants M. M. Stringfield and M. R. Welch were the owners of the Haywood White Sulphur Springs property. They and their respective husbands leased in writing the hotel property for three years to the other defendant, Chatfield. The lease provided, among other things, that Chatfield, the lessee should have certain necessary repairs made upon the property that he should pay for the same himself, and charge the amount so paid for repairs to the lessors, to be deducted from the first year's rent. It was required, also, by the terms of the lease, that Chatfield should deposit $1,000 in the Waynesville Bank, out of which the amount of repairs was to be paid, with the distinct understanding that no liens were to be created on the property on account of the repairs. The rents were to be paid in installments, and it was stipulated that, if they were not regularly paid, the defendant lessors might enter, and take possession of the property. There was a failure to pay rent, and the lessors took possession. While Chatfield was in possession under a contract between him and plaintiff, the plaintiff made certain repairs upon the property, for which he has not been paid, and for which he filed a lien in Haywood superior court. This action is brought to enforce the lien by the sale of the hotel property, and to have applied from the proceeds of sale a sufficiency to pay the amount of the alleged lien. This cannot be done. Before a mechanic's lien can attach there must exist the relation of creditor and debtor. A debt must be created before there can be a...