Barth v. Schmitz

This action was brought to foreclose a mechanic’s lien. Plaintiffs seek to fasten liability *269upon the defendants Schmitz, the owners of the property, by reason of their consent and acquiescence in the making of the repairs, and upon the provisions of the lease which were that the benefits to be derived from the alterations and repairs should, upon the expiration of the tenancy, become the property of the owners, and upon the further ground that by the terms of the lease the lessee was compelled, in effect, to make the repairs.

Prior to the making of the lease the lessee .and the owners…