Ridgeway v. Brd.Way

• Decision Date: 01 July 1912
• Citation: 75 S.E. 132,91 S.C. 544
• Parties: RIDGEWAY . v. BROADWAY et al.
• Court: South Carolina Supreme Court

75 S.E. 132

(91 S.C. 544)

RIDGEWAY .

v.BROADWAY et al.

Supreme Court of South Carolina.

July 1, 1912.

Mechanics' Liens (§ 59^*)—"Owneb."

One who contracts to purchase land, pays part of the price, and takes possession under his contract, is an "owner" within Civ. Code 1902, § 3008, which gives a mechanic's lien for labor performed or materials furnished for a building under contract with, or consent of, the owner.

[Ed. Note.—For other cases, see Mechanics' Liens, Cent. Dig. §§ 75, 76; Dec. Dig. § 59.*

For other definitions, see Words and Phrases, vol. 6, pp. 5134-5151; vol. 8, p. 7744.]

Appeal from Common Pleas Circuit Court of Clarendon County; J. W. De Vore, Judge.

Action by Thomas H. Ridgeway against N. G. Broadway, survivor of Broadway Brothers, and others. Judgment for defendants, and plaintiff appeals. Reversed.

A. Levi and Charlton Du Rant, both of Manning, for appellant.

Davis & Weinberg, of Manning, for respondents.

HYDRICK, J. This is an action to establish and foreclose a mechanic's lien for $124 for labor done and materials furnished by plaintiffs in the building of some barns, stables, sheds, and fences on a plantation while it was owned by Broadway Bros. The plantation originally belonged to P. B. Harvin, who, in the early part of 1909, contracted to sell it, for $10,000, to Broadway Bros., who paid $1,050 on the purchase price in cash and gave their note for the balance, due November 1, 1909, and took possession under their contract. They rented it to plaintiff for the year 1909, and during the year plaintiff alleges that, at their request, he did the work and furnished the materials for the value of which he is now suing and seeking to impress a lien upon the property. Some time before November 1, 1909, the date of the maturity of their note for the balance of the purchase money, Broadway Bros, sold the property to the defendants Walters for $12,000, and on that day, by agreement of all concerned, Harvin conveyed the plantation to Walters, who gave Harvin a first mortgage for the part of the purchase money left unpaid on that day, and he also gave N. G. Broadway, the survivor of Broadway Bros., a second mortgage for $4,000, which included what they had paid on the purchase price to Harvin and their profit onthe sale to Walters. Subsequently Broadway assigned his mortgage to the defendant Davis.

The sole question presented by the appeal is whether, under the facts stated, Broadway Bros, were the "owners" of the plantation, when the improvements were made, in the sense in which that word is used in section 3008, vol. 1, Code 1902, which reads as follows: "Any person to whom a debt is due for labor performed or furnished, or for materials furnished and actually...