Nicholson v. Nichols

• Decision Date: 30 October 1894
• Citation: 20 S.E. 294,115 N.C. 200
• Parties: NICHOLSON v. NICHOLS.
• Court: North Carolina Supreme Court

20 S.E. 294

115 N.C. 200

NICHOLSON v. NICHOLS.

Supreme Court of North Carolina

October 30, 1894

Appeal from superior court, Alamance county; Hoke, Judge.

Action by George A. Nicholson against William E. Nichols to enforce a mechanic's lien. Plaintiff made a contract with defendant's mother to build an elle to defendant's house. In so contracting, defendant's mother was acting solely in her own behalf, and not as the agent of the defendant. After the ell was completed, the plaintiff brought this action against the defendant to recover for work done and materials furnished, and to enforce a mechanic's lien therefor, against the defendant's property. Judgment for defendant. Plaintiff appeals. Affirmed.

Owner must consent to contract for improving realty before his title can be subject to liens for material or labor.

J. E. Boyd and W. H. Carroll, for appellant.

C. E. McLean and L. M. Scott, for appellee.

PER CURIAM.

It is well settled that there can be no lien in cases of this character unless the work was done or materials furnished under a contract, either express or implied. Weir v. Page, 109 N.C. 220, 13 S.E. 773; Thompson v. Taylor, 110 N.C. 70, 14 S.E. 513. There is no evidence of any such contract in this case. Affirmed.