Foster v. Tierney

• Decision Date: 21 May 1894
• Citation: 91 Iowa 253,59 N.W. 56
• Parties: FOSTER ET AL. v. TIERNEY ET AL.
• Court: Iowa Supreme Court

91 Iowa 253

59 N.W. 56

FOSTER ET AL.

v.TIERNEY ET AL.

Supreme Court of Iowa.

May 21, 1894.

Appeal from district court, Polk county; W. F. Conrad, Judge.

The following is appellants' statement, in argument, of the facts set out in the petition: “The plaintiffs were architects in the city of Des Moines. One J. F. Tierney, the owner of the realty described in the petition, employed them, at an agreed percentage of the cost of certain improvements, to plan, devise, and construct plans and specifications for the remodeling and rebuilding of the building then standing upon the realty. By virtue of this employment, they were necessarily compelled to go, and did go, upon the premises, and into the buildings and improvements then standing, and measured the walls thereof, and dug into the earth about the foundation, and examined the walls and foundations, and spent much time and labor in and upon the said buildings and improvements. Upon the said measurements and examinations they devised and constructed, upon the said premises and in their office, plans and specifications for the erection and completion of the improvements then situate upon the said realty, and the owner accepted such plans and specifications. The plaintiffs duly filed their statement for a mechanic's lien in Polk county, where the land is situated. The defendants purchased the property of J. F. Tierney with full knowledge of the existence of the claim of plaintiffs, and that they had not been paid for their labor. The plaintiffs brought suit in due time to foreclose their lien, and the defendants demurred to the petition, which was sustained. The plaintiffs appeal.” Affirmed.Park & Odell, for appellants.

Cummins & Wright, for appellees.

GRANGER, C. J.

A ground of the demurrer is that it appears that the contemplated improvements were not made, nor were the plans and specifications used; and the legal proposition is presented whether or not, under such circumstances, a mechanic's lien would attach. By section 3, c. 100, Acts 16th Gen. Assem., it is provided: “Every mechanic or other person who shall do any labor upon * * * any building, erection or other improvement upon land * * * shall have for his labor done or materials, machinery or fixtures furnished, a lien upon such building, erection or improvement, and upon the land belonging to such owner on which the same is situated.” It is important to observe for what a lien is granted. It is for labor upon a building,...