Langston v. Matthews
Supreme Court of Arkansas
Appeal from Union Circuit Court; W. E. Patterson, Judge; STATEMENT BY THE COURT. J. E. Langston instituted this action against W. H. Matthews and J. E. Lawton and O. B. Blase to enforce a mechanic and materialman’s lien. The facts are as follows : W. H. Matthews and J. E. Lawton rented to C. B. Blase a small frame house at four dollars per month to be used as a barber shop.
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Appeal from Union Circuit Court; W. E. Patterson, Judge; STATEMENT BY THE COURT. J. E. Langston instituted this action against W. H. Matthews and J. E. Lawton and O. B. Blase to enforce a mechanic and materialman’s lien. The facts are as follows : W. H. Matthews and J. E. Lawton rented to C. B. Blase a small frame house at four dollars per month to be used as a barber shop. The building in its condition at that time was suitable for use as a barber shop, and it was understood between the parties at the time that if any improvements should be made, they should be at the expense of the tenant.…
1Opinion of the Court
Hart, J.,
(after stating the facts). ¡Section 4970 of Kirby’s Digest gives a mechanic’s lien to every mechanic, builder, etc., who shall perform any work upon or furnish 'any material for any building or for repairing the same “under and by virtue of any contract with the owner or proprietor thereof, or his agent, trustee, contractor or sub-contractor, ’ ’ upon complying with the provisions of the act.
The lien exists only by virtue of the statute, and it is conceded that the estate of the owner can not be subject to a lien for work done or materials furnished at the instance of the tenant…
2Cases cited1 opinion
- Whitcomb v. GansSupreme Court of Arkansas · 1909
3Cited by6 opinions
- Fine v. Dyke Bros.Supreme Court of Arkansas · 1927
- McCombs Construction, Inc. v. BarnesCourt of Appeals of Washington · 1982
- Wildwood Amusement Co. v. Stout Lumber Co.Supreme Court of Arkansas · 1929
- Hawkins v. FaubelSupreme Court of Arkansas · 1930
- Mansfield Lumber Co. v. First State BankSupreme Court of Oklahoma · 1930
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