Hickman v. Freiermuth

Mechanics’ Liens—Time for Piling Claim.—A claim for a mechanic’s lien, filed more than ninety days after the completion of the building, comes too late.

Id.—Notice by Owner of Building—Bindings—Beview on Appeal.— A finding of the trial court, supported by evidence, that the owner of the building gave notice that he would not be responsible for improvements being made by his lessee, must be accepted by the appellate court.

Id.—Liability of Lessor for Materials Furnished in Remodeling Building.—The owner of a building is not personally liable for materials furnished in remodeling the building at the instance of the lessee, where the lease contemplates that all improvements, alterations or repairs shall be made by the lessee and not by the lessor, there being no showing that the owner authorized the improvements or was in any manner connected with the contract therefor.

Id.—Estoppel of Lessor to Deny Liability for Materials.—The owner of a building is not estopped to deny Ms responsibility for materials furnished in remodeling the building at the instance of the lessee, by mere knowledge on his part that the work is'in progress, when the lease contemplates that all repairs and alterations shall be made by the lessee and the owner gives notice of his nonresponsibility.