Bailey v. Call

I agree with what is said in the main opinion about the applicability of the mechanics’ lien statute and Bailey’s right to foreclose his lien. I am troubled by the *142result, however, in that the adjudged amount of Bailey’s lien, $3,327.90, greatly exceeds the amount Call agreed to pay Gurule for the materials.1 As Call had a deal to procure those materials for much less, it strikes me as unfair to impose this full amount on Call. Call had no knowledge of Bailey and no control over him. Indeed, Call’s contract with Gurule specifically required Gurule to supply the materials himself, on favorable…