Waterman v. Stout
Nebraska Supreme Court
Appeal from the district court of Cass county. Heard below before Chapman, J. The facts are stated in the opinion. It is not claimed the owner of the fee ever authorized the building of the structures, or even knew they were constructed. No lien, therefore, attached. (Sec. 1, ch. 54, Comp. Stats.; Stevens v. Lincoln, 114 Mass., 478.) The lien could not attach to a greater interest than the lessee had in the premises.
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Appeal from the district court of Cass county. Heard below before Chapman, J. The facts are stated in the opinion. It is not claimed the owner of the fee ever authorized the building of the structures, or even knew they were constructed. No lien, therefore, attached. (Sec. 1, ch. 54, Comp. Stats.; Stevens v. Lincoln, 114 Mass., 478.) The lien could not attach to a greater interest than the lessee had in the premises. (Breed v. Nagle, 46 Ga., 112; Harman v. Allen, 11 Ga., 45; Ombony v. Jones, 19 N. Y., 234; Knapp v. Brown, 45 N. Y., 207.) There being no privity of contract between the landlord…
1Opinion of the Court
Ryan, C.
On January 30, 1889, II. A. Waterman & Son filed in the district court of Cass county, Nebraska, their petition, in which they made the following allegations:
“1. The plaintiffs complain and allege that on or about the 1st day of November, 1887, the plaintiffs entered into an oral contract with the defendant Harry B. Stout to furnish him lumber of different kinds and boards, lime and building materials, which lumber and materials are fully described in the schedule hereto attached, marked Exhibit ‘A,’ and is made a part hereof, for the erection of a granary and stable and out-buildings…
2Cases cited1 opinion
- Henry & Coatsworth Co. v. FisherdickNebraska Supreme Court · 1893
3Cited by12 opinions
- Wilkins v. AbellSupreme Court of Colorado · 1899
- Meade Plumbing, Heating & Lighting Co. v. IrwinNebraska Supreme Court · 1906
- Waite Lumber Co. v. Masid Bros., Inc.Nebraska Supreme Court · 1972
- Moore v. VaughnNebraska Supreme Court · 1894
- Horton v. Tabitha HomeNebraska Supreme Court · 1914
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