Bunt v. Roberts
| Decision Date | 31 January 1955 |
| Docket Number | No. 8102,8102 |
| Citation | 76 Idaho 158,279 P.2d 629 |
| Court | Idaho Supreme Court |
| Parties | James H. BUNT, William A. Bunt, Ivan E. McMillin, and Hoff Building Supply, Inc., a corporation, Plaintiffs & Appellants, v. Frank W. ROBERTS, Frances Virginia Roberts Nelson, Ada Maxine Roberts Briggs and Herbert J. Alexander, Defendants & Respondents. William W. Hocke, Charles M. Stephenson and R. E. Stephenson, co-partners doing business under the name and style of Stephenson and Son, and Irrigators Lumber Company, a corporation, plaintiffs in the trial court, not parties here. |
Dunlap & Dunlap, Caldwell, for appellants.
Caldwell, Alexanderson & Davis, Caldwell, for respondents Frank W. Roberts, Frances Virginia Roberts Nelson, and Ada Maxine Roberts Briggs.
Harold L. Yeamans, Caldwell, for respondent Herbert J. Alexander.
Appellants and others sought in this action to foreclose claimed mechanics' and materialmen's liens on real property owned by Frank W. Roberts, Frances Virginia Roberts Nelson and Ada Maxine Roberts Briggs, hereinafter referred to as respondents. Herbert J. Alexander was made a party defendant as an alleged lessee of the landowners. The complaint alleged that the labor and material for which the liens are claimed were furnished at the request of respondents; and further alleged the recording of the liens pursuant to the provisions of Section 45-507, I.C.
The pertinent facts are: Respondents, Roberts, Nelson and Briggs, leased to Alexander a part of the real property on which the liens are claimed. This lease was for a period of three years and by its terms expired on December 31, 1951. For sometime thereafter Alexander was a hold-over tenant. There was some correspondence between respondents and Alexander relative to a new lease. None was made. In January, 1952, Alexander contracted with respondents and others, not parties here, to make alterations and repairs on a restaurant building located on the premises, also contracted for some capital improvements in the nature of living quarters at the rear of the building. Thereafter, on and between February 2, 1952, and May 3, 1952, appellants performed labor and furnished materials for which the liens are claimed. Respondents denied that they ever authorized the furnishing of labor or material for improvements; alleged that Alexander was not their agent; that they had no knowledge of the work being done.
On issues joined the case was tried. The lower court entered a personal judgment against Alexander, who has not appealed, sustained a motion for a nonsuit as to all other defendants, found that appellants had no lien on the real estate in question and released and discharged the alleged liens of record. From this judgment James H. Bunt, William A. Bunt, Ivan E. McMillin and Hoff Building Supply, Inc., a corporation, appealed.
In assignments of error appellants contend that the findings of fact are not supported by the evidence, and specifically challenge the finding that Alexander was not the agent of respondents; that the court erred in releasing the liens of record; that on sustaining the motion for a nonsuit, it was error to thereafter make findings of fact and conclusions of law and enter judgment.
The mechanics' lien law, Section 45-501, I.C., authorizes a lien in favor of 'Every person performing labor upon, or furnishing materials to be used in the construction, alteration or repair of any * * * building * * * for the work or labor done or materials furnished, whether done or furnished at the instance of the owner of the building * * * or his agent; * * *.'
A tenant or lessee is not generally considered the agent of the lessor within the interpretation of the mechanics' lien law merely by virtue of the relationship of landlord and tenant, and a tenant or lessee cannot subject the interest of his landlord to a mechanic's lien by...
To continue reading
Request your trial
-
Idaho Lumber, Inc. v. Buck
...relationship." Christensen v. Idaho Land Developers, Inc., 104 Idaho 458, 459, 660 P.2d 70, 71 (Ct.App.1983). See also Bunt v. Roberts, 76 Idaho 158, 279 P.2d 629 (1955). The burden of proving agency rests upon the party asserting it. Transamerica Leasing Corp. v. Van's Realty Co., 91 Idaho......
-
Boone v. P & B Logging Co.
...lien must be able to separate and distinguish the lienable items of his labor from the non-lienable items. See also: Bunt v. Roberts, 76 Idaho 158, 279 P.2d 629 (1955); Kerby v. Robinson, 58 Idaho 781, 80 P.2d 33, 116 A.L.R. 1004 (1938); Nelson v. Boise Petroleum Corp., 54 Idaho 179, 32 P.2......
-
Manley v. MacFarland
...by this Court. The rule at common law, and that applicable to equitable liens, is identical to that laid down in Bunt v. Roberts, 76 Idaho 158, 279 P.2d 629, 630, which requires the work done or materials furnished to be requested or authorized by or through the one who is seised of an inte......
-
Zions First Nat. Bank v. Carlson, 11636
...Newport v. Hedges, Mo.App., 358 S.W.2d 441 (1962); DeVry Brick Co. v. Mordka, 96 Ariz. 70, 391 P.2d 925, 926 (1964); Bunt v. Roberts, 76 Idaho 158, 279 P.2d 629, 630 (1955); Bunn v. Bates, 31 Wash.2d 315, 196 P.2d 741, 743 (1948); Backstatter v. Berry Hill Building Corp., 56 Misc.2d 351, 28......