International Trust Co. v. Clark Hardware Co.
| Decision Date | 07 April 1919 |
| Docket Number | 9074. |
| Parties | INTERNATIONAL TRUST CO. v. CLARK HARDWARE CO. |
| Court | Colorado Supreme Court |
Department 1.
Error to District Court, Gilpin County; H. S. Class, Judge.
Action between the International Trust Company and the Clark Hardware Company. Judgment for latter, and former brings error. Affirmed.
Hughes & Dorsey, E. I. Thayer, and Wm. M. Bond, Jr., all of Denver for plaintiff in error.
W. C Matthews and W. C. Fullerton, both of Central City, for defendant in error.
This cause is before us on error to a judgment of the district court of Gilpin county, wherein the defendant in error was adjudged entitled to a lien under the mechanic's lien act of 1899 (Laws 1899, p. 261), on certain mining property which had been conveyed to the plaintiff in error, as trustee, to secure a bond issue.
The defendant in error, according to the undisputed evidence, furnished to the Topeka Consolidated Mining Company, which owned said mining property and executed a deed of trust thereon to secure said bonds, various mining supplies for the working of its mine, upon what the court found to be 'an open and continuous account,' upon which there was a balance due to said hardware company. The court further found that the first of said supplies was furnished to said mining company on the 1st day of December 1909, upon said account. The deed of trust to the plaintiff in error was executed July 1, 1911. The court accordingly held that the lien of defendant in error related back to December 1, 1909, and was therefore superior to the lien of the deed of trust.
The question of priority of liens is thus presented for our consideration.
Plaintiff in error contends, first, that the supplies were furnished under several contracts, and hence the lien does not relate back to the date when the first materials were delivered.
It is to be observed that the lien is claimed under section 4 of said act which provides in terms for a lien for materials furnished for mining, or prospecting for metals.
The rule is that, when it is fairly inferable that the articles were furnished under one contract, a finding that they were so furnished will not be disturbed. Fulton Iron Works v. N.C Mining & Smelting Co., 80 Mo. 265. And when all the items in an account relate to one transaction it constitutes a continuous transaction. Lamb & Son v. Hanneman, 40 Iowa 41; Jones on Liens, 1435; and State Bank v. Plummer, 54 Colo. 144, 129 P. 819. The case of Fields v. Daisy Gold Mining Co., 25 Utah 76, 69 P. 528, involves facts almost identical with those in the case at bar. The contracts were held to be continuing, and the lien was allowed.
The evidence shows that the manager of said mining company made an agreement with the hardware company for such mining supplies as should be needed in the operations of said company, payments therefor to be...
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Bankers Trust Co. v. El Paso Pre-Cast Co.
...lien laws should be construed in favor of lien claimants. 3190 Corp. v. Gould, 163 Colo. 356, 431 P.2d 466. Thus, International Trust Co. v. Clark Co., 66 Colo. 210, 180 P. 300, interpreted that phrase to include furnishing of materials as well as labor. More on point, Park Lane v. Fisher, ......
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Chain O'Mines, Inc. v. Lewison
... ... has been invoked and sustained: Walters v. Dillon ... Hardware Co., 89 Colo. 444, 4 P.2d 308; Watson v ... City and County of Denver, ... Plummer, 54 Colo. 144, 129 P. 819; International ... Trust Co. v. Clark Hardware Co., 66 Colo. 210, 180 P ... ...
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Sontag v. Abbott, 18381
...affirmative. This court has interpreted 'commencement of the work' to mean date of furnishing materials in International Trust Co. v. Clark Hardware Co., 66 Colo. 210, 180 P. 300. From the opinion in that case we quote the following pertinent 'It is further urged that the doctrine of relati......
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GENERAL GROWTH DEVELOPMENT v. A & P STEEL, INC., Civ. A. No. 81-K-1366.
...Colo. 356, 431 P.2d 466 (1967). Work has been held to commence upon furnishing of materials as well as labor. International Trust Co. v. Clark Co., 66 Colo. 210, 180 P. 300 (1919). Commencement of work need not coincide with execution of a written contract for purposes of establishing lien ......