Schaper v. Bibb

• Citation: 17 A. 935,71 Md. 145
• Parties: SCHAPER v. BIBB ET AL.
• Decision Date: 11 June 1889
• Court: Maryland Court of Appeals

17 A. 935

71 Md. 145

SCHAPER v. BIBB ET AL.

Court of Appeals of Maryland

June 11, 1889

Appeal from circuit court of Baltimore city; J. UPSHUR DENNIS Judge.

Bill for the enforcement of a mechanics' lien, filed by Bentley C. Bibb and A. W. Stehman, surviving partners of the firm of B. C. Bibb & Son, against John E. F. Schaper, as the owner of the premises known as No. 1200 East Townsend street in the city of Baltimore. There was a decree for complainants, and defendant appeals.

John P. Poe, for appellant.

Francis P. Stevens and Morris P. Stevens, for appellees.

ALVEY C.J.

The mechanics' lien law provides that every building erected "shall be subject to a lien for the payment of all debts contracted for work done or materials furnished for or about the same;" and the legislature has expressly required that this law shall be construed liberally as a remedial law. Even without the express direction of the legislature, this court said, in Blake v. Pitcher, 46 Md. 464, that the general language of the statute plainly indicates that the most liberal and comprehensive meaning should be given its provisions in favor of mechanics and material-men. In this case the question is whether the claim of the appellees being for range, fire-place heaters, and the usual accessories of pipes, registers, etc., and work done in placing these articles in the house of the appellant, then in course of erection, is such as entitled the appellees to a lien therefor on the house, under the provisions of the statute. The facts are, as shown by the record, that Wilson & Co., a firm composed of E. J. Wilson and George H. Dobson, Jr., on the 6th of December, 1887, entered into a contract with the appellees for the furnishing by the latter of a range and two fire-place heaters, with necessary attachments, for each of 23 houses, then being, or about to be, erected by the firm on certain contiguous lots, the legal title to which appears to have been in Dobson, one of the firm of Wilson & Co. By the contract, Wilson & Co. were required to pay $56.50 per house, for such range and fire-place heaters, within 30 days after the completion of the contract by the appellees; and Wilson & Co. were to have the privilege of calling for heaters and ranges as they needed them, provided they did not call, at any one time, for heaters and ranges for less than two houses; and, if they did not take the whole lot within three months from the date of the contract, then the account for all the articles furnished up to the expiration of that time should be considered due and payable. It is quite clear, therefore, that the contract was an entire and continuous one for all the ranges...