Oil Tool Exchange, Inc. v. Hasson

[546]

ALLYN, J.,

pro tem.

The defendants Hasson executed and delivered to the defendant White an oil and gas lease of their real property. White assigned to defendant Cascade Oil Company. The oil company and White, with the Wicker Drilling Company, entered into a drilling contract whereby the latter parties undertook to supervise the drilling of a well on the property. Work was begun under this contract, but it was terminated by mutual agreement and a second drilling contract made, identical in terms with the first except that White alone undertook to supervise the drilling operations. The oil company, under the contract, undertook to advance up to $17,500 of the cost of the well, and to assign to White a twenty per cent interest in the well for his services. White resumed operations and in the course thereof rented from the plaintiff certain drilling equipment and purchased certain supplies which are the basis of the mechanic’s lien thereafter filed and now sought to be foreclosed. Both the owners and the Cascade company posted and filed notices of nonresponsibility.

Judgment was entered against the defendant White for the rental of the equipment, a judgment having been secured against him in a former action for the materials, and against Cascade Oil Company for the materials and supplies. A lien was declared on the latter’s leasehold interest in the real property for these materials and supplies. It was further decreed that plaintiff had no lien upon the interest of the defendants Hasson for either rental or materials. Plaintiff appeals from those portions of the judgment denying its claim of lien for the .rental of equipment ’ against Cascade Oil Company and denying its claim of lien against the owners, the defendants Hasson, for both rental and materials. The defendant Cascade Oil Company appeals from that part of the judgment giving a personal judgment against it for the value of the materials and supplies.

Under the amendment of 1911 to section 1183 of the Code of Civil Procedure persons furnishing implements and appliances contributing to the drilling of a well have a lien for the value of the use of such appliances. It is true that prior to the amendment a claim of lien based upon rental of equipment to be used in construction could not be sustained either as a claim for labor or for materials