Branch v. Mays

I concur with Part A of the opinion. I respectfully dissent from Part B on the ground that defendants had a valid materialman’s lien on plaintiffs’ property. As the opinion points out, the validity of a lien under ‘ § 61-2-2, N.M.S.A.1953 (2d Repl.Vol. 9, pt. 1) is determined by the rule of Panhandle Pipe and Steel, Inc. v. Jesko, 80 N.M. 457, 459, 457 P.2d 705 (1969) that the materials furnished must actually have been installed on the premises in order for the lien to attach. Plaintiffs state in paragraph 3 of the complaint that the swimming pool heater was installed. Defendants also allege…