Evans
Evans v. Judson
Opinion
Lead Opinion
Britt, J.
Action to foreclose liens of several mechanics and materialmen for labor done and materials furnished by the claimants, respectively, at the instance of defendant Judson in the construction of certain improvements on land held by Judson under lease from the owner, the defendant Cedros Island Mining and Milling Company. Such lease was made February 20, 1895, for the term of six months next to ensue, with option to the lessee to renew for an indefinite period not to extend beyond March 15, 1896; it provided that the lessee, said Judson, might remove improvements made by him on the premises, unless the same should be so incorporated with existing structures that removal would leave the latter in worse condition "than at the date of the lease, in which case the added improvements were to be *284 come the property of the lessor. Tlie court found, among other things, that the lessor had knowledge at the date of the lease of Judson’s intention while in possession thereunder to add to, alter, and repair the buildings and structures then on the premises, and of the general purpose of such additions and repairs; it further found that Judson did make such improvements and completed the same…