Whitcomb v. Gans
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court; Edward W. Winfield, Judge; A person who furnishes material to repair a building under •a contract with the owner or proprietor thereof is entitled to a lien for his money. Kirby’s Digest, § 4970. The entire land, to the extent of the interest, right or title of the owner so contracting, is subject to the lien.
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Appeal from Pulaski Circuit Court; Edward W. Winfield, Judge; A person who furnishes material to repair a building under •a contract with the owner or proprietor thereof is entitled to a lien for his money. Kirby’s Digest, § 4970. The entire land, to the extent of the interest, right or title of the owner so contracting, is subject to the lien. Id. § 4971. When the owner contracts with his tenant to have repairs made, agreeing to reimburse the'tenant for the outlay, the tenant is only the agent of the owner, and the fee is bound for the payment of the indebtedness thus created. Boisot on…
1Opinion of the CourtMcCulloch, C. J.
Appellee owns a house and lot in the city of Little Rock, and leased it for a term of years to Mrs. W. J. Dunklin for a stipulated rental, payable monthly. The written contract between the parties contained the following clause: “However, it is further agreed that the said Mrs. Dunklin will make improvements and repairs on the premises costing not less than four hundred ($400) dollars, for which the said Mrs. Gans agrees to reimburse the said Mrs. Dunklin by allowance in rent at the rate of forty ($40) dollars per month for the first ten months of this agreement.”
Mrs. Dunklin contracted with…
2Cases cited6 opinions
- Williams v. VanderbiltIllinois Supreme Court · 1893
- Schmalz v. . MeadNew York Court of Appeals · 1891
- Carey-Lombard Lumber Co. v. JonesIllinois Supreme Court · 1900
- Dougherty-Moss Lumber Co. v. ChurchillMissouri Court of Appeals · 1905
- Winslow Bros. v. McCully Stone Mason Co.Supreme Court of Missouri · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Jordan v. Natrona Lumber Co.Wyoming Supreme Court · 1938
- Arctic Lumber Co. v. BordenCourt of Appeals for the Ninth Circuit · 1914
- McGuinn v. Federated Mines & Milling Co.Missouri Court of Appeals · 1911
- Roseburr v. McDanielSupreme Court of Arkansas · 1921
- Wildwood Amusement Co. v. Stout Lumber Co.Supreme Court of Arkansas · 1929
11 more not listed; retrieve them via the Exa API.