Reno Electrical Works, Inc. v. Ward

Decision Date05 February 1929
Docket Number2778.
Citation274 P. 196,51 Nev. 291
PartiesRENO ELECTRICAL WORKS, Inc., v. WARD et al.
CourtNevada Supreme Court

Appeal from District Court, Washoe County; J. N. McNamara, Judge.

Action by the Reno Electrical Works, Inc., against T. O. Ward and another. From a judgment for plaintiff, and an order denying a new trial, defendants appeal. Reversed.

Cooke & Stoddard, of Reno, for appellant Ward.

Le Roy F. Pike, of Reno, for respondent.

PER CURIAM.

This is an appeal from a judgment and also from an order denying and overruling a motion for new trial. The parties will herein be designated as in the trial court.

The facts, in brief, are these: Prior to the commencement of the action, the defendant T. O. Ward, as owner in fee, leased to the defendant Kyne Investment Company of Nevada, a corporation, that certain building erected many years ago on lots 4 and 5, in block Q of the city of Reno, situate on Center street. The lease contract is not made a part of the record. On taking possession of the building in April, 1923 the lessee opened and conducted a restaurant therein, known as "Kyne's Café," until the latter part of August or the first of September of that year, when it failed, went out of business, and its property was taken over by its creditors and the lease abandoned and forfeited.

During the tenancy, and in the month of July, 1923, the plaintiff Reno Electrical Works, Inc., a corporation, at the special instance and request of the lessee, furnished and installed in said restaurant fifteen electrical fans of different sizes, but nothing distinctive or peculiar about their construction. Two of the fans were placed in an inclosure above the ranges in the restaurant, one in the front, and the other in the rear of the building, which fans are designated as "exhaust fans," and used for the purpose of expelling smoke and odors arising from cooking. The other fans are designated "oscillating fans," set at different places in the restaurant, and used for purposes of ventilation. The insulating material for the exhaust fans was secured to the walls of the building by screws and nails and the oscillating fans by nails. The aggregate charge made for the fans, insulating material, and labor was $1,005.70, which the lessee agreed to pay, and did pay on said amount the sum of $357.50 which left a balance due for the fans, material and labor so furnished the sum of $648.20. Having failed to receive payment of said sum, the plaintiff on September 13 1923, filed its claim of lien against lots 4 and 5 and the building thereon owned by defendant lessor, T. O. Ward.

This action was commenced to recover judgment of $648.20 and for the foreclosure of the plaintiff's claim of lien. The case was tried to the court without the assistance of a jury which resulted in a decision in favor of the plaintiff and against the defendant T. O. Ward. Upon the rendition of its decision, the court made and caused to be entered, over the objections of the defendant, its findings of fact and conclusions of law, and, upon its findings and conclusions, rendered the judgment from which the defendant appeals.

The defendant incorporated in its answer to the plaintiff's amended complaint several pleas in bar in the nature of pleas in abatement. In view of the conclusions we have reached, it is not deemed necessary to state and discuss the pleas.

The...

To continue reading

Request your trial
6 cases
  • Frost v. Schinkel
    • United States
    • Nebraska Supreme Court
    • October 29, 1931
    ... ... pans and other articles connected with the salt works, but ... held them to pass with the realty because they ... Massachusetts case of Gale v. Ward (1817) 14 Mass ... 352, 7 Am. Dec. 223, in which Chief ... note following the case of Reno Electrical Works v ... Ward , 51 Nev. 291, 62 A. L. R ... ...
  • Frost v. Schinkel
    • United States
    • Nebraska Supreme Court
    • October 29, 1931
    ...cord, and the holdings of the courts thereon have been gathered into a long note following the case of Reno Electrical Works v. Ward, 51 Nev. 291, 274 P. 196, 62 A. L. R. 247. It has been said that the installation of a pipe organ in a church or a movie theatre presents as close a question ......
  • Young Elec. Sign Co. v. Erwin Elec. Co.
    • United States
    • Nevada Supreme Court
    • December 10, 1970
    ...must be affixed to the land or be of or appurtenant to it, before a valid lien can be secured thereon.' In Reno Electrical Works v. Ward, 51 Nev. 291, 274 P. 196 (1929), this court construed the words 'or other improvements' to include Here, however, the appellant contends that the district......
  • Fondren v. K/L Complex Ltd.
    • United States
    • Nevada Supreme Court
    • November 7, 1990
    ...or a 'trade fixture.' These three factors are: 1) annexation, 2) adaptation and 3) intent." Id. See also Reno Electric Works, Inc. v. Ward, 51 Nev. 291, 274 P. 196 (1929) (all-important questions are intent, use and fitness for intended The annexation test is met where the chattel is actual......
  • Request a trial to view additional results
2 books & journal articles
  • Mechanic's Liens
    • United States
    • ABA General Library Construction Law
    • January 1, 2009
    ...supra note 11, § 4.0 , at 62; In re Tri-County Materials, Inc., 114 BR 160, 164 (C.D. Ill. 1990); Reno Elec. Works v. Ward, 51 Nev. 291, 297 (1929). 58. lIEn AnD BOnD ClAImS In ThE 50 STATES, supra note 5; 770 Ill. Comp. Stat. 60/7. 59. lIEn AnD BOnD ClAImS In ThE 50 STATES, supra note 5; C......
  • Mechanic's Liens
    • United States
    • ABA General Library Construction Law
    • June 22, 2009
    ...supra note 11, § 4.0 , at 62; In re Tri-County Materials, Inc., 114 BR 160, 164 (C.D. Ill. 1990); Reno Elec. Works v. Ward, 51 Nev. 291, 297 (1929). 58. lIEn AnD BOnD ClAImS In ThE 50 STATES, supra note 5; 770 Ill. Comp. Stat. 60/7. 59. lIEn AnD BOnD ClAImS In ThE 50 STATES, supra note 5; C......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT