, 1875-02-12

LITTLE LIuur ON 4 l,ARR SUBJECT.
Tho Supreme Qoutt, in til late case OF Mo1e-
house w. Moulding and u shsrs, attempted to
pierce tho gloom and upc rtainty surrounding
tbs Mechanics Lion law. an c. sled ray Of light
On some Of its provisions. It appeared that In
June, 1870 appellant, .MorshouHe, 1nado
contract With ono w. II. Fl. Miller,
= contractor. to build dou 10 dwell!ng.house.
Miller was to do tho .TotI ind furnish tho
materials for $9o 900, OF whin b Ii por cent was
Ito be Kept back III Is usual til the completion
of the work. Moulding aud Harlan. appsilees
also furnished materials whio b wore uBed Ia the
buildings by Miller under thu original contract
and they then brought suit to enforce their lien.
There WAS no dispute but ttllat Moulding and
Harlan wszo entitled to 81.442,, and Kelley, Wood
d Co. to S665e5, for materia furnished. On
trial 10 ths Superior Court it; Was shown that
these parties within swenty d. r. after payment
he hse 19sn ~ a ss to t3 tSy
should hold him liable. Tho buildings
when oohp!etea 'coat over e Q 0ooO. but Miller
folained that the amount over y Contract prlco
was malo up 0! extra work. / Ae Appeilees re-
'covercd decree for the amoun t Of tho'r claim,
and tho owner, Mor0houso, too IN appeal.
Ths Supreme oourt said thu a. the cueo had
a'sen ably ar8ned and, Il oil be ponta mndo
the whole Mechanics Lien latr. Thoy thought,
hc'weyer, tho docreo could bo tnaintninod on
l,r tncpes about which their cou ba no dispute.
CIR cat stress lnd been laid on b clause OF tho
las,i which provided that '4In n easo shall tue
ow ner or lessee ba compelled q pay greater
sal q for OR on account Of auoh honaa or
bui ldiug or other improvome to, thau tile
prize or rum stipulated In. said origs-
nsi contract or hgresmsnt." That tho
Cou It said, depended on the .3aot whethor
the payment made to tie oontza G Tor. or Oh Lls
oraa T, should be regarded ~ hay lug been right
fully made. II msIa in violation Of tho rjebts
ant ntefsats Of the persons To bs' benefited by
Tho att. the owner would not be ria,dtcd with 1t,
and In that wayit might happen he would be
con lpeed to pay moro tLan tho ori :nal contract
Etlc D.. All payments mals sllsg u, atice were oi
ttst character. The result would & attributable
70 III 0 VII folly aud lmproyl6eut &C asducs Tho
ownt u ou!d Lot pay one snb-oonE 7sator In full
1a, 1na mo fhet nothing, according to his caprico.
trsOte u orc ~ not enough to psy az hucol
!Hote IT, o. tnasesal men. sitter ded r:ctng right
saa W nents. The balance w24 to be divided
~Hoh' :! !a claimants pro rata.
n Az w sne- tms OF service ot no'ace. ~ A1-
peae 9 lastned, it WAS known thai III iiles would
cnsta ~ ne 20 touHieto tao work OIL account oi
nsa III 11elt to uss the balance in Iii hands tc
Fry en ch persons ~ should compile \, tho job
nne VI reno Court, however, refut M to take
tnat VI " OF tho case, aud ietl 1t was not in the
M, PoTsr u shs owner 70 slsct whom he would pay
the own t1ar would have been liablo for neraou,
entitled TO lien, would 10 fpr 90 mtr eli ns Tho
work ~ q materials Here teasopAbly worth nc.
sordsne 10 the contraot psce, HIT t,euucttul
Aoy ps5T .eants riGhtfulIy made, aud Is nnaues hi
ahs ,os-, tiuIlmst Of tLo cont1ses eixins ~ u
seoh ops ratAbls share, kud rataiui, ~ thn hsl
ancs to II ii sh tho work. ~
The des u 90 OF tie Court below the euox,m,
0ouss ssit b 1As warranted BY lEw aud oy.dspcs
Mallss 600 = fsiseea his work, and did sxaia vo1k
Nd AQpsl Ut mads paynents TO him attex Ii