Lewers & Cooke, Ltd. v. Wong Wong

DISSENTING OPINION OP

WATSON, J.

I am unable to agree with the majority in their holding that the plaintiff in this case is entitled to a lien upon the interest of the lessors in the land upon which the building was erected. As I read the foregoing opinion the majority arrive at the conclusion that the lessors’ interest is subject to the lien on the theory that the tenant, by reason of the covenant in the lease requiring him to erect a building on the leased premises, thereby became the agent of the owners “to cause the improvement to be placed upon the land.” If this proposition could be…