[DOWNLOAD] "Dewey Lumber Co. v. Mcquirk Et Al." by Supreme Court of Montana # Book PDF Kindle ePub Free

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eBook details

• Title: Dewey Lumber Co. v. Mcquirk Et Al.
• Author : Supreme Court of Montana
• Release Date : January 05, 1934
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

Mechanics Liens ? When Owner of Realty Liable ? Conditional Sale Contract ? Breach by Buyer ? Vendor not "Owner" of Property ? Improvements Becoming Integral Part of Building ? Removal not Permissible ? Burden of Proof. Mechanics Liens ? When Owner of Realty Liable. 1. To render the owner of realty liable to a materialmans lien, the lien must rest upon a contract debt incurred either directly or indirectly, unless he chooses to ratify what was done or in some manner estops himself from questioning the lien; the mere fact that the material furnished enhances the value of the property being insufficient to establish liability. Same ? Improvements Becoming Integral Part of Structure ? When Provision of Statute Authorizing Removal Inapplicable. 2. Where the vendee of a dwelling-house under a conditional contract of sale made extensive improvements which became an integral part of the structure and could not be removed without practically destroying the house itself, the provision of section 8343, Revised Codes 1921, authorizing their sale and removal by the holder of a materialmans lien, upon default of the conditional buyer, does not apply. Same ? Executory Contract of Sale of Property Insufficient Basis for Lien Against Vendor. 3. A mere executory contract of purchase of real property does not furnish a sufficient basis upon which to predicate a materialmans lien against the owner of the land. Same ? Conditional Sale Contract ? Vendor not "Owner" Within Meaning of Statute. 4. One purchasing real property under a conditional sale contract providing that in case of default in the matter of payment of taxes or assessments against the property or in any of the deferred payments, the vendor could declare the contract at an end and retain all payments theretofore made, was not an "owner" within the meaning of the mechanics or materialmans lien Act. Same ? Burden of Proof. 5. The burden of establishing a mechanics or materialmans lien is upon the claimant.

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