Rafaelsen v. Olson
| Decision Date | 07 March 1953 |
| Citation | 174 Kan. 86,254 P.2d 268 |
| Parties | RAFAELSEN v. OLSON. No 38826. |
| Court | Kansas Supreme Court |
Syllabus by the Court.
In an action to recover the price of material and labor in installing electricity in a home owned by appellant and occupied by his tenant, the record is examined and it is held that no material error is found therein.
E. W. Jernberg, of Lindsborg and Archie T. MacDonald and Russ B. Anderson, both of McPherson, on the briefs for appellant.
L. H. Ruppenthal, of McPherson, on the briefs, for appellee.
Plaintiff, an electrician and electrical contractor, brought this suit against the appellant, G. A. Olson, as owner of a certain described quarter section of land in McPherson county, and Leon Olson, his tenant, to recover on an account amounting to $373.10, with interest, for material and labor used in installing electricity in the house and elsewhere on the property and to foreclose a mechanic's lien therefor. The trial court rendered judgment for plaintiff against both defendants, but did not foreclose the mechanic's lien. The defendant owner has appealed.
The tenant had leased the land from the owner for $200 per year cash rent for the farmstead and twenty acres of pasture and one-third crop rent on the balance, except 75 acres which the landlord had in wheat. The tenant went to plaintiff and wanted electricity put in the house and elsewhere on the premises and to pay for it in certain payments, and stated that the owner had agreed to pay him at the termination of his lease. The tenant executed a contract with the city of McPherson to extend electric lines out to the place and to receive electricity, and the owner signed a written consent to the contract in which he agreed to permit the city to erect an extension of the rural electric system along his place, with a suitable distribution center on the premises, to do the necessary pruning of trees and to set anchors where necessary, and to enter upon the premises for the purpose of such erection, installation, maintenance and operation and removal of the rural electric extension. Plaintiff went ahead and put in the electrical work defendant desired. The landlord was there and saw the work being done, but had no talk with plaintiff until after the work was completed. There was some delay in the arrangements of the tenant about paying for it and plaintiff went to the landlord and said that he would go in and take the things out if he couldn't get his...
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...85, Ltd., 546 So.2d 68, 69 (Fla.App.1989); Cato v. David Excavating Co., 435 N.E.2d 597, 606 (Ind.App.1982); Rafaelsen v. Olson, 174 Kan. 86, 86-87, 254 P.2d 268, 269 (1953); Poulos v. Stewart, 313 Ky. 812, 815, 233 S.W.2d 994, 996 (1950); Friedman v. Stein, 4 N.J. 34, 44-46, 71 A.2d 346, 3......
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