Wilcox v. Mobley
Wilcox v. Mobley
Opinion of the Court
The appellant, on October 31, 1919, sold a truck and delivered possession thereof to the
Chapter 68, Laws of 1917, p. 229, limits the right of a lien of one who has performed labor or furnished material to one who has performed the labor or furnished the material “at the request of the owner.” It being indisputable from the evidence that the appellant was the owner of the truck at the time the labor was performed and the material furnished, and there being no evidence that these things were done at the appellant’s request, or at the request of any one acting for or on its behalf, and it appearing that the appellant had not ordered, sanctioned or authorized, or had notice of or ratified the performance of the labor and the furnishing of the material, the judgment was erroneous in so far as it affects the appellant, and is reversed.
Parker, C. J., Bridges, Holcomb, and Fullerton, JJ., concur.
Reference
- Full Case Name
- F. B. Wilcox v. V. B. Mobley
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- 3 cases
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- Syllabus
- Liens (2)—Right to Lien—Consent of Owner. Where the owner of a truck under a conditional sale contract had not authorized and had no notice of repairs placed thereon, his interest in the truck could not he subjected to a lien for labor and material thereon, since Laws 1917, p. 229, authorizes such chattel liens only-in ease of labor performed or material furnished “at the request of the owner.”