Hollingsworth v. McLean
| Decision Date | 31 October 1941 |
| Docket Number | 31170 |
| Parties | BENJAMIN F. HOLLINGSWORTH, APPELLEE, v. EARL D. MCLEAN, APPELLANT |
| Court | Nebraska Supreme Court |
APPEAL from the district court for Lincoln county: ISAAC J. NISLEY JUDGE. Affirmed.
AFFIRMED.
Syllabus by the Court.
1. The interest of a part owner may be subject to a mechanic's lien for improvements thereon, made at his instance, though it does not affect the interest of the other coowners.
2. A person, though he may be a representative of others, when he fails to disclose his position, and contracts with another by which a liability is created against him, may be held liable individually thereon, especially where he has an interest in the property affected, even though the persons whom he represents are not themselves liable, and even though the contract deals with property in which those other persons are interested along with himself.
Appeal from District Court, Lincoln County; Nisley Judge.
Action by Benjamin F. Hollingsworth against Earl D. McLean, individually, and as administrator of his father's estate, and others, to foreclose a mechanic's lien. From an adverse judgment, the named defendant appeals.
Affirmed.
Where administrator, who had an interest in deceased's realty as an heir, contracted as an individual for the installation of an irrigation pump and well on realty without the knowledge of the other heirs, he was liable to the seller for the contract price of the pump, and the seller was entitled to a mechanic's lien on the administrator's interest in the realty and to a personal judgment against the administrator.
Beeler, Crosby & Baskins, Robert B. Crosby and Horace E. Crosby, for appellant.
Hoagland, Carr & Hoagland, contra.
Heard before EBERLY, PAINE, MESSMORE and YEAGER, JJ., and FALLOON and ELLIS, District Judges.
This is an action to foreclose a mechanic's lien brought by the appellee against the appellant, individually and as administrator of his father's estate, and the other heirs, representatives and lien holders. The amount claimed was $ 1,000 and interest and was based upon the installation of an irrigation pump and well upon certain land belonging to the estate, and in which the appellant, Earl D. McLean, had an interest.
The petition alleged that the original agreement was had with the appellant who was managing and looking after the estate of his father, Allan McLean, deceased, that the well was installed about August 1, 1939, and that on September 13, 1939, within the four-month period, a mechanic's lien was filed in Lincoln county, set forth interests of other heirs and mortgagees and prayed for foreclosure of this lien and for marshalling of the assets.
The appellant alleged in his answer that he was the administrator and in control of said estate as such, that appellee installed pump at his own risk, that if the pump and well did not meet appellant's approval, it was to be pulled out and removed from the premises, that it was unsatisfactory, request had been made for its removal and refused, and denied that he acted individually, and acted only as such administrator and asked for dismissal of this action.
It is not necessary to note the contentions of the other defendants, as the decree was not against them and the only appellant is Earl D. McLean, against whom the decree was entered in his individual capacity.
It was stipulated by the other heirs that they would testify that they had no actual knowledge or information as to the arrangements for the construction of the well in dispute, that they did not look after the operation of said lands or authorize the administrator in reference to the construction of this...
To continue reading
Request your trial