Martin v. Simmons

• Decision Date: 02 June 1888
• Citation: 11 Colo. 411,18 P. 535
• Parties: MARTIN v. SIMMONS et al.
• Court: Colorado Supreme Court

18 P. 535

11 Colo. 411

MARTIN v. SIMMONS et al.

Supreme Court of Colorado

June 2, 1888

Commissioners' decision. Error to Arapahoe county court.

This was an action to foreclose a mechanic's lien, commenced by the plaintiff in error June 9, 1884. He alleged in his complaint that he had furnished certain materials to the said Courtney J. Simmons and W. I. People for the construction of a house for said Simmons; that the said Peoples was the contractor building the house for said Simmons; that the said materials were sold and delivered to them for said building during the time from October 23 to December 1, 1883; that the said Simmons was the owner of the premises upon which said building was constructed, being lots 1 and 4, block 33 Highland subdivision to Denver, in the county of Arapahoe that on November 9, 1883, the said Simmons conveyed the rear end of said lots to said Ruth A. Peoples; that a great portion of said materials had been used in the construction of a small building upon said rear end of said lots; that the whole amount therefor remained due and unpaid; and also alleged the filing of a notice of a lien upon said premises for the said amount. The said Simmons and W. I. Peoples answered separately, and denied the allegations of the complaint. The said Ruth A. Peoples answered, and alleged that there was no such subdivision in Arapahoe county as Highland subdivision to Denver, and admitted that on or about November 19, 1883, she became the owner of the rear 75 feet of lots 1 and 4, block 33, Highland, town of Highland; that the same should not be charged with the indebtedness sought to be recovered for the construction of a building on the front of said lots; that the portion of the said lots still held by the said Simmons was sufficient for the necessary and convenient use of the building thereon, and was worth much more than the plaintiff demanded. It appears from the evidence that on October 23, 1883, the said W. I. Peoples presented to the said plaintiff, Martin, a bill of materials asking for the prices thereof, and for credit for the purchase thereof, and stated that the same were for a building for the said Simmons; whereupon estimates were made and prices given, but Martin refused to let the materials go on the credit of Peoples, and deferred the matter until he could see Simmons. He went to see Simmons, and stated to him that Peoples was at his place, and wanted materials for his (Simmons') building; that he did not want to let the materials go unless he was sure he would get his pay for them. Simmons asked how much the bill for the materials would be, and was informed that it would be a little over $200. Simmons said he would see that it was paid. Whereupon the materials were furnished, and put into the building upon the said premises. The lien notice was in evidence. It contained a statement of intention to hold and claim a lien upon lots 1 and 4, in block 33, Highland subdivision; a statement of the whole amount of the indebtedness, viz., $207.81, and the amount remaining unpaid; that said lien was claimed and held for and on account of W. I. Peoples, Ruth A. Peoples, and Courtney J. Simmons. It had been duly verified, and recorded in the records of said county of Arapahoe, December 17,...