Stebbins v. Culbreth

Briscoe, J., delivered the opinion of the Court. This is a bill in equity to enforce a mechanics’ lien, under Article 63, section 22 of the Code, for materials supplied in the repair of the steam heating apparatus erected in the Albion Hotel, at the corner of Richmond and Cathedral streets, Baltimore. The hotel is owned by the appellee, Miss Culbreth, who sometime in the year 1895 entered into a contract with a certain George F. Simonson to place the necessary repairs upon the heating apparatus of the hotel. The bill alleges that the appellant, Stebbins, at the request of the contractor, Simonson, had furnished a large quantity of materials to be used in this work, and at the time of the filing of his claim there was due him the sum of eighteen hundred and ninety-seven dollars for materials thus furnished.

The contract price for the work, amounting to about twenty-three hun ⁶⁵⁷ dred dollars, was paid by the appellee to the contractor, but he failed to pay for a large portion of the materials which had been furnished him, and this proceeding is adopted for the purpose of enforcing its payment. The appellant’s claim is resisted upon two grounds : First, the right to recover, if any, must be under section I, Art. 63 of the Code, and not under section 22 of that Article; secondly, that the appellant is estopped by his conduct and representations from claiming a lien. It is provided by section 1 of Article 63 of the Code, that every building erected, and every building repaired, rebuilt or improved to the extent of one-fourth its value shall be subject to a lien for the payment of all debts contracted for work done or materials furnished for or about the same. And by section 22 of the same Article, it is provided that every machine, wharf and bridge erected, constructed or repaired within this State shall be subject to a lien in like manner as buildings are made subject under the provisions of this Act.

Now it is clear that