Hollingsworth v. McLean
| Decision Date | 31 October 1941 |
| Docket Number | No. 31170.,31170. |
| Parties | HOLLINGSWORTH v. MCLEAN ET AL. |
| Court | Nebraska Supreme Court |
HOLLINGSWORTH
v.
MCLEAN ET AL.
No. 31170.
Supreme Court of Nebraska.
Oct. 31, 1941.
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.
Beeler, Crosby & Baskins, Robert B. Crosby, and Horace E. Crosby, all of North Platte, for appellant.
Hoagland, Carr & Hoagland, of North Platte, for appellee.
Heard before EBERLY, PAINE, MESSMORE, and YEAGER, JJ., and FALLOON and ELLIS, District Judges.
FALLOON, District Judge.
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 $1,999 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
[300 N.W. 581]
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...
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