Guyman v. Anderson
| Decision Date | 15 June 1954 |
| Docket Number | No. 8118,8118 |
| Citation | 271 P.2d 1020,75 Idaho 294 |
| Parties | GUYMAN v. ANDERSON. |
| Court | Idaho Supreme Court |
A. A. Merrill, Idaho Falls, for appellant.
T. Harold Lee, Rigby, for respondent.
Plaintiff (appellant) brought this action to foreclose a lien for leveling defendant's (respondent) land. The claim of lien and complaint are predicated upon a contract rate of $10 per hour. Plaintiff alleges he worked 80 hours and prayed for $800, with interest from March 23, 1953, when the job was completed. The answer denies any agreement for $10 per hour and alleges that it was agreed the job would be done for the total sum of $200. Other defensive matter was pleaded which is not material here.
Upon trial, the jury, empaneled in an advisory capacity, brought in a verdict consisting of its answers to two questions propounded by the court. In answering the first question, the jury found there was no oral contract or agreement entered into between the parties for the leveling. By its second answer the jury found the reasonable value of the work performed to be $700.
The court adopted the findings of the jury and entered judgment for $700 with interest at the legal rate from December 9, 1953, the date of the verdict. From that part of the decree denying foreclosure of the lien, attorney's fees, and interest prior to the date of trial, the plaintiff brings this appeal. In denying foreclosure, the trial court expressed the view that plaintiff, having failed to recover the full amount of $800 sued for, had failed to establish his lien, and the lien having failed, attorney's fees could not be allowed.
The question posed is whether a party, seeking foreclosure of a lien under § 45-501 I.C., is entitled to have his lien foreclosed in an action in which he does not establish his right to recover the full amount sued for. Our attention has not been called to a direct precedent. This court has said the statute grants an 'absolute' lien. Hill v. Twin Falls, etc., Water Co., 22 Idaho 274, 125 P. 204; Idaho Lumber & Hardware Co. v. DiGiacomo, 61 Idaho 383, 102 P.2d 637. In Robertson v. Moore, 10 Idaho 115, 77 P. 218, and Dybvig v. Willis, 59 Idaho 160, 82 P.2d 95, foreclosure was had for less than the amount the plaintiff claimed. In Chamberlain v. City of Lewiston, 23 Idaho 154, 129 P. 1069, it was held that the right to a lien is not dependent upon the value added to the property by the work done. Perhaps the nearest in point is Steltz v. Armory Co., Ltd., 15 Idaho 551, 99 P. 98, 20 L.R.A.,N.S., 872, where the court upheld the foreclosure of a lien after recognizing the right of the defendant to offset damages for defective performance. It was there urged that the lien should be denied for failure of the plaintiff to 'faithfully perform' his contract. In the course of the opinion, Chief Justice Ailshie said:
15 Idaho at page 558, 99 P. at page 101.
In the absence of oppression or some other circumstances which would justify equity in denying foreclosure, we see no reason why it should not be granted, even though the plaintiff fails to establish his right to the full amount claimed. The lien is not provided as a penalty, but rather as security. Hence the statutory requirement that the claimant establish the full amount of his claim as a condition to the imposition of penalties, such as provided for in § 45-605 I.C., is not applicable here. Cf. St. Louis, I. M. & S. R. Co. v. Wynne, 224 U.S. 354, 32 S.Ct. 493, 56 L.Ed. 799.
The claim for attorney's fees follows the lien as an incident to the foreclosure thereof. Shaw v. Johnston, 17 Idaho 676, 107 P. 399; Smith v. Faris-Kesl Const. Co., 27 Idaho 407, 150 P. 25. The statute expressly requires the court to fix and allow reasonable attorney's fees, § 45-513 I.C., and, as a part of the costs, the amount paid for filing and recording the lien. The statute does not allow a fee for preparation of the lien.
This leaves the question of interest. As stated in ...
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Bouten Constr. Co. v. HF Magnuson Co.
...amount was readily ascertainable based on evidence that $10 per hour was a "reasonable charge" for leveling land. Guyman v. Anderson, 75 Idaho 294, 297, 271 P.2d 1020 (1954). In Guyman, the Court found that while the dispute between the parties involved the rate of pay, and no agreement exi......
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Leliefeld v. Panorama Contractors, Inc.
...U.S. Fidelity and Guaranty Co. v. Clover Creek Cattle Co., 92 Idaho 889, 900, 452 P.2d 993 (1969). Accord, e.g., Guyman v. Anderson, 75 Idaho 294, 271 P.2d 1020 (1954) ("interest will be allowed even though the claim is unliquidated 'where the amount due can be readily ascertained by mere c......
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Pierson v. Sewell, 11431
...289 (1911). See Mitchell v. Flandro, 95 Idaho 228, 506 P.2d 455 (1972); Riggen v. Perkins, 42 Idaho 391, 246 P. 962 (1926).22 75 Idaho 294, 271 P.2d 1020 (1954). ...
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Electrical Wholesale Supply Co. v. Nielson
...who perform labor and/or furnish materials for . . . . projects." Barber, 116 Idaho at 769,780 P.2d at 91 (citing Guyman v. Anderson, 75 Idaho 294, 271 P.2d 1020 (1954)) (stating that "the lien is not provided as a penalty, but rather as security"). In certain situations a court may find th......