Willcox Boiler Co. v. Messier

Stone, Justice.

Plaintiff claims a lien (denied below) under the statute (Mason St. 1927, § 8490) for the value of a boiler furnished by it to defendant Messier as contractor for the defendants McCullough and promptly installed in their greenhouse as auxiliary heat generator. Notwithstanding admission by answer that Messier “installed” the boiler “and base upon said premises,” the lien was denied for supposed failure of proof. That was error.

Decision below was that “it is not shown how the boiler ivas installed. It is not shown that it was set in concrete, screwed to the floor, fastened to the…