Metals Mfg. Co. v. Bank of Commerce
| Decision Date | 23 October 1964 |
| Docket Number | No. 10116,10116 |
| Parties | d 74 METALS MANUFACTURING COMPANY, a Utah corporation, Plaintiff and Appellant, v. BANK OF COMMERCE, a Utah corporation, Defendant and Respondent. |
| Court | Utah Supreme Court |
Clyde, Mechan & Pratt, Salt Lake City, for appellant.
Ray, Quinney & Nebeker, John A. Dahlstrom, Salt Lake City, for respondent.
Appeal from a judgment to the effect that certain aluminum railings and gates installed in a bank were not 'an addition, alteration or repair of, any building, structure or improvement on land,' such as to protect a third party supplier thereof against failure of the bank to procure a bond from its installing contractor under Title 14-2-1 and 2, Utah Code Annotated 1953. Reversed, with costs to plaintiff.
The facts in this case are undisputed. Therefore we are constrained to view them with an eye focused on the wording, purpose and intent of the statute involved, and in a light favorable to those whom it intends to protect.
Briefly, the facts were this: In 1963, the bank negotiated for a 10-year lease on a building. A lease was prepared by an attorney, which contained no provision with respect to property interest in fixtures, signs or structures the bank might choose to place on the property. The bank insisted on such a provision. Consequently, the lease was revised with a clause establishing rights to such items inter se. It provided that the bank could 'make alterations, attach fixtures and erect additions, structures or signs * * *' which shall be and remain the property of the lessee and may be removed therefrom by the lessee. Thereafter the bank contracted with one Drews to obtain and place on the premises certain aluminum railings and gates, according to specifications demanded by the bank. With the bank's knowledge, Drews obtained the railings and gates from plaintiff, which were fashioned according to said specifications, and installed them in the place directed by the bank. The bank without having procured any contractor's bond under the statute, paid Drews, but Drews did not pay plaintiff.
The railings and gates were attached to the floor in 14 places by metal plates, each plate being anchored to the floor with four 3/4" screws, and to walls in eight places and counters in four places in a similar manner, all of which were stabilized in 10 places by steel shafts sunk into holes 1" in diameter and 1 1/2" in depth. It is conceded that by removing the screws and plates, the railing could be...
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...relied on cannot override the effect of the mechanics' lien law as to persons not a party to the lease. Metals Manufacturing Co. v. Bank of Commerce, 16 Utah 2d 74, 395 P.2d 914 (1964). In Zions First National Bank v. Carlson, supra, this Court, quoting from Utley v. Wear, Mo.App., 333 S.W.......
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...materials furnished. See Buehner Block Co. v. Glezos, 6 Utah 2d 226, 230, 310 P.2d 517, 520 (1957). See also Metals Mfg. Co. v. Bank of Commerce, 16 Utah 2d 74, 395 P.2d 914 (1964); Liberty Coal & Lumber Co. v. Snow, 53 Utah 298, 178 P. 341 (1919). Graco asserts that although there was no l......
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John Wagner Associates v. Hercules, Inc.
...The Utah Supreme Court has already addressed this argument in a similar fact situation and rejected it. Metals Manufacturing Co. v. Bank of Commerce, 16 Utah 2d 74, 395 P.2d 914 (1964). In Metals Manufacturing, the Bank of Commerce was the lessee of a building under a ten-year lease. A prov......
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...not the decisive factor. Rather, the Court focused on the benefits conferred upon the owner. Id. Accord Metals Mfg. Co. v. Bank of Commerce, 16 Utah 2d 74, 395 P.2d 914, 915 (1964) ("[I]t would seem to be unrealistic and unreasonable to conclude that such parties by agreement among themselv......