Bartson v. Wiekert

<p>Abstract of the Decision.</p> <p>1. Mechanics’ liens, § 33*—when lessee’s contract for improvement "binding on lessor. Under section 1 of the Mechanic’s Lien Act (J. & A. IT 7139) an owner of land who, without objections, knowingly permits a lessee to contract for an improvement, subjects the property to a lien therefor.</p> <p>2. Appeal and error, § 1397*—review of findings based, on depositions. The Appellate Court must review the evidence to determine whether a finding of fact made by a chancellor is contrary to the weight of the evidence, when based upon depositions taken before a master, without the latter making' a finding of facts.</p> <p>3. Mechanics’ mens, § 33*-—when evidence sufficient to show lessor’s consent to lessee’s contract for improvement. The evidence held to show that a landowner consented to his tenant contracting for the construction of a ditch on the demised premises, so as to entitle the contractor to a mechanic’s lien therefor.</p> <p>4. Mechanics’ mens, § 49"—when substantial compliance, with contract sufficient. A substantial compliance with a contract to construct a ditch on or along a section line, held to entitle the contractor to a mechanic’s lien, although the contour of the land necessitated deviations 'from the section line.</p>