putting in of fixtures designed to be permanently attached to the building will furnish the basis for lien;" but the furnishing of portable machinery or temporary fixtures which may be moved from place to place has been held insufficient therefor.18 The furnishing of defective material unsuitable for the purposes designed will give no right to lien, but a substantial compliance with the requirements or specifications as to materials furnished will be sufficient to give rise to a right of lien.1o The mere furnishing of material or labor which is used in a building or structure and for which lien might be claimed will not always be a sufficient basis for a lien. The intent with which the materials are furnished is an important factor; in general the materials must be furnished with the intent that they Contra: Ind. App. 616, 47 N. E. 848; Badger Lumber Co. v. Mayes, 38 Neb. 822, 57 N. W. 519; Mallory v. La Crosse Abattoir Co., 80 Wis. 170, 49 N. W. 1071. Birmingham Iron Foundry Co. v. Glen Cove Starch Co., 78 N. Y. 30. See Campbell v. Coon, 49 N. Y. 556, 44 N. E. 300, 38 L. R. A. 410, note, upon performance in one state of contract made in another. 17. Albert Gall Co. v. Dowagiac Gas Co., 160 Mich. 255 (257), 125 N. W. 283. In this case plaintiff decorated defendant's office, furnishing material, part of which was permanently attached to the building and part of which, as window shades, window seats, pedestals, etc., remained movable. It was held that where the payments upon the contract already made by defendant would much more than pay for what was clearly shown to be personal property, a lien would lie for the balance unpaid. See also: Boisot on Mechanics' Liens, §§95, 100, 101, 213; Phillips on Mechanics' Liens, 3rd Ed. §162a, 175, 177-178; Jones on Liens, 3rd Ed. §1335; Rockel on Mechanics' Liens, §14. The Michi gan statute expressly includes the installation of machinery. §1 of the Act, C. L. 1915 (14796), How. 2nd Ed. §13766, C. L. 1897 (10710.) 18. Boisot on Mechanics' Liens, $895-96, 100-101, 105, 214; Jones on Liens, 3rd Ed. §§1335-1336, 1341; Rockel on Mechanics' Liens, §14; Phillips on Mechanics' Liens, 3rd Ed. §§162, 177-178. Trade fixtures would seem to constitute a general exception to this rule, in that, although removable by the tenant, as between him and his landlord, they are subject to the claim of lien of the mechanic as between him and the owner. Halley v. Alloway, 78 Tenn. 523; Waycross Opera House Co. v. Sossman, 94 Ga. 100, 20 S. E. 252. No lien can be claimed for machinery furnished for the manufacture of materials used in the building or structure. Jones on Liens, 3rd Ed. §1337. 19. Gier v. Daiber, 148 Mich. 190 (193-194), 111 N. W. 773; Boisot on Mechanics' Liens, §122; Jones on Liens, 3rd Ed. §1342; Rockel on Mechanics' Liens, §20; Phillips on Mechanics' Liens, 3rd Ed. §161; 27 Cyc. 47. shall be used in the particular building or improvement in order to subject such building or improvement to a lien therefor.20 It has been held that no lien can be claimed for materials furnished where the furnisher or seller did not know they were to be used in the particular building or improvement, or sold such materials solely on the personal credit of the purchaser, or on a general sale or account without any knowledge or understanding as to where they' were to be used or what was to be done with them.21 One furnishing materials to complete a structure under a contract with a person having no title to the land upon which it was situated was held not entitled to a lien on the building alone under section 3 of the act.22 One furnishing extras for a building upon the verbal demand of the owner was held to be entitled to no lien therefor where the contract 20. Rockel on Mechanics' Liens, §§21-22; Boisot on Mechanics' Liens, $120; Jones on Liens, 3rd Ed. §1324. 21. Van Cleve Glass Co. v. Erratt, 110 Mich. 689, 68 N. W. 978; Willard v. Magoon, 30 Mich. 273 (279-280); Stout v. Sawyer, 37 Mich. 313 (315); People v. McAllister, 49 Mich. 12, 12 N. W. 891; Jones on Liens, 3rd Ed. §81325-1327, 1330-1333; Boisot on Mechanics' Liens, $§120-121; Rockel on Mechanics' Liens, §§2122. In Stout v. Sawyer, cited above, a firm in Ohio had sold and shipped some machinery to defendant in Michigan, with no understanding as to its installation upon any particular property. Lien later claimed was denied, the Court saying (p. 315): "The lien for articles which form no part of the structure, and which may be removed from one place to another, is not given to any person who does not himself put them into the building, and thus connect his own labor with the premises sought to be charged. What he does must be done within the State and on the premises. It is not within the terms or the design of the statute to create a lien in favor of parties who merely sellmachinery which may or may not go into a building in this State according as the purchaser determines. The lien is given for something actually done to improve the premises, and not for chattels which it is supposed may be placed there by some one else. There is no more reason for giving a lien for engines and machinery sold separately as such, than for carpets or furniture or ornaments thus sold and intended to be placed in the house. If the engine is put into the building by the contractor, and becomes a fixture, he has done something towards completing the mill; but where he has merely sold it and the purchaser may do what he chooses with it, the vendor is in provided against claims for extras unless agreed upon in writing.23 23. Gier v. Daiber, 148 Mich. 190 (194-195), 111 N. W. 773. CHAPTER IV. PERSONS ENTITLED TO CLAIM LIEN.* § 21. Persons Entitled to Claim Lien-In General. 22. Owners of Claims Not Due. 23. Assignees. 24. Contractors. 25. Subcontractors, Materialmen and Laborers. 26. Other Persons. § 21. Persons Entitled to Claim Lien-In General. The statute permits all furnishers of material or performers of labor, under any contract with or on behalf of the owner, part owner or lessee of any interest in real estate, to claim a lien upon the land and structure, and where the contract is with one having no title to the land, to claim a lien upon the new structure erected thereon. The statute provisions in this regard are in substance: Every person who shall, in pursuance of any contract, express or implied, written or unwritten, existing between himself as contractor, and the owner, part owner or lessee of any interest in real estate, build, alter, improve, repair, erect, ornament, or put in, or who shall furnish any labor or materials in or for building, altering, improving, repairing, erecting, ornamenting or putting in any house, building, machinery, wharf, or structure or shall build or repair any sidewalks, or shall furnish any materials therefor, and every person who shall as subcontractor, laborer or material man, perform any labor or furnish materials to such original or principal contractor, or any subcontractor, in carrying forward or completing any such contract, shall have a lien *In general as to the subjects comprehended in Chapter IV see Title "Mechanics' Liens," 34 Cent. Dig. 88112-159, and 13 Dec. Dig. §§79-109. therefor.1 Any person furnishing services and materials for the erection of a new building or structure upon land to which the person contracting for such erection has no legal title, shall have a lien there for upon such building or structure, and the forfeiture or surrender of any title or claim of title held by such contracting person to such land shall not defeat the lien upon such building or structure of such person furnishing services or materials." § 22. Owners of Claims Not Due. It is not essential that the owner of a claim not yet due, await the time when his claim shall become due before taking proceedings to perfect or to enforce a lien, or suffer the loss of his right to a lien by reason of the deferred date at which his claim matures; he may take immediate proceedings to give notice of, and to preserve, his rights in order that provision may be made, by the reservation of assets, to liquidate his claim when it does mature. The substantial requirements of the statute in this particular are that parties entitled to liens whose claims are not due and payable, may give notice of their intent to claim liens and may become parties to suits to enforce liens, or institute such suits or proceedings themselves, and their claims shall be allowed subject to a reduction of interest, if such claims are not due at the time of the rendition of the decree, but no process shall issue or proceedings be had to enforce a decree for such claims until they mature.3 § 23. Assignees. As the claim of the furnisher of material or labor or of 1. Sec. 1 of Act 179 of 1891, C. L. 1915 (14796), How. 2nd Ed. $13766, C. L. 1897 (10710); 27 Cyc. 81-84; Wilkinson on Mechanics' Liens, pp. 8-9. 2. Sec. 3 of Act 179 of 1891, C. L. 1915 (14798), How. 2nd Ed. §13768, C. L. 1897 (10712); 3. §26 of Act 179 of 1891, C. L. 1915 (14821), How. 2nd Ed. $13791, C. L. 1897 (10735). See Smalley v. Ashland BrownStone Co., 114 Mich. 104 (106), 72 N. W. 29. |