Lithgow v. Sweedberg
| Citation | 78 S.W. 246 |
| Parties | LITHGOW v. SWEEDBERG. |
| Decision Date | 06 January 1904 |
| Court | Court of Appeals of Texas |
Appeal from District Court, Webb County; A. L. McLane, Judge.
Action by F. H. Lithgow, as administrator of the estate of C. A. Charleston, deceased, against C. A. Sweedberg. Judgment for defendant, and plaintiff appeals. Affirmed.
A. Winslow, for appellant.
This suit was brought by the appellant, as administrator of the estate of C. A. Charleston, deceased, against the appellee, to recover possession of a 20 horse power boiler, as the property of the estate of decedent. This appeal is from a judgment in favor of defendant.
The undisputed facts are that plaintiff's intestate was at the time of his death the owner of the property sued for; that, prior to his death, deceased placed the boiler in defendant's possession for the purpose of having him repair it; that defendant made the repairs, in which he furnished the material. The repairs not being paid for, and the boiler being in possession of the defendant at the time of Charleston's death, letters of administration having been granted to plaintiff, defendant presented to him his claim against the estate for $15, of which $11.15 was for the repairs made on the boiler. The claim was allowed on May 10, 1902, filed with the clerk of the county court, and approved and classified by the county judge. Afterwards plaintiff, as administrator, demanded of defendant possession of the boiler, which was refused; defendant claiming that he was entitled to retain possession until his charges for labor and material furnished in making the repairs were fully paid.
Under these undisputed facts, the only question to be determined is, who was entitled to possession of the boiler? We think this question is answered in defendant's favor by article 3320. Rev. St. 1895, which is as follows: "Whenever any article, implement, utensil or vehicle shall be repaired with labor and material, or with labor and without furnishing material, by any carpenter, mechanic, artisan or other workman in this state, such carpenter, mechanic, artisan or other workman is authorized to retain possession of said article, implement, utensil or vehicle until the amount due on same for repairing by contract shall be fully paid off and discharged." This is but a declaration of the common-law principle that a bailee for hire, who performs services upon the goods of another, has a lien on such goods to secure his reasonable charges (Wilson v. Martin, ...
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