Hall v. Peacock Fixture & Electric Co.

475 A.2d 1100, 193 Conn. 290, 1984 Conn. LEXIS 604
CourtSupreme Court of Connecticut
DecidedMay 29, 1984
Docket11511
StatusPublished
Cited by42 cases

This text of 475 A.2d 1100 (Hall v. Peacock Fixture & Electric Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hall v. Peacock Fixture & Electric Co., 475 A.2d 1100, 193 Conn. 290, 1984 Conn. LEXIS 604 (Colo. 1984).

Opinion

Grillo, J.

The plaintiff Richard W. Hall brought the present action to discharge the defendant Peacock Fixture and Electric Company, Inc., mechanic’s lien on property owned by the plaintiff and leased to a third party. On appeal from the judgment discharging the mechanic’s lien, the defendant claims that the plaintiffs actions constituted “consent” by the owner within the meaning of General Statutes § 49-33 (a).1 We disagree.

[292]*292The following uncontroverted facts form the basis of this appeal: On July 10, 1980, the plaintiff entered into a long-term lease with Mrs. Margaret Ferretti involving a building owned by him and located in Dan-bury. This property adjoined other property owned by the plaintiff on which he conducted a business known as Hall’s Cycle Ranch. Mrs. Ferretti and her son took possession of the premises and in the spring of 1981 hired National Construction Managers, Inc. as a general contractor to oversee the renovation of the building to a Japanese steakhouse. The general contractor subsequently hired the defendant to do the necessary electrical work on the premises.

The work commenced in the spring of 1981. When the plaintiff became aware of the renovations which were unauthorized under the lease, he instructed his attorney to inform the lessee to halt the work. The plaintiff took no legal action until two months later when, in August, 1981, he commenced a summary process action against the lessee for failure to pay rent.

When the summary process action was later settled, the plaintiff executed a lease addendum giving permission to the lessee to continue with the alterations already in progress. The defendant ceased performing services and supplying materials on December 22,1981. In January, 1982, after failing to receive payment from the general contractor, the defendant served upon the plaintiff a notice of intent to claim a mechanic’s lien and, thereafter, filed the lien on the Danbury land records.

[293]*293On March 9, 1982, the plaintiff filed an application to discharge the lien. By memorandum of decision dated June 28,1982, the court, Ford, J., ordered the lien discharged since the defendant did not prove the owner’s consent and thus “failed to establish probable cause for the lien’s validity.” We find no error.

We recently delineated in Seaman v. Climate Control Corporation, 181 Conn. 592, 595, 436 A.2d 271 (1980), the two classes of people entitled to claim a lien upon land that they have improved: “Those who provide services or materials in connection with the construction of a building are entitled to claim a lien on the land that they have improved if they fall into one of two categories. Lienors are protected if they have a claim either (1) by virtue of an agreement with or the consent of the owner of the land, or (2) by the consent of some person having authority from or rightfully acting for such owner in procuring labor or materials.”

An examination of the transcript in this case reveals that the defendant did not have an agreement with or the consent of the plaintiff or the consent of anyone acting on his behalf. No employee or representative of the defendant had ever met or had any contact with the plaintiff concerning the work at issue. The president of the defendant corporation, David Basher, admitted that he had never met the plaintiff and that the plaintiff had never expressly or impliedly consented or agreed to pay for any of the work that the defendant did on the premises. Nor did the plaintiff ever consent or agree to guarantee payment of the work. Since the statute does not contemplate consent among strangers, the court did not err in its conclusion that the defendant was not entitled to a mechanic’s lien under the first classification set forth in the Seaman case.

[294]*294It is equally well established by the evidence produced at the hearing that the defendant was not entitled to a mechanic’s lien under the second classification outlined in Seaman. The evidence fails to support the conclusion that the lessee was acting as an agent for the plaintiff. In Beckenstein v. Potter & Carrier, Inc., 191 Conn. 120, 464 A.2d 6 (1983), we recently summarized the three elements required to show the existence of an agency relationship: “(1) a manifestation by the principal that the agent will act for him; (2) acceptance by the agent of the undertaking; and (3) an understanding between the parties that the principal will be in control of the undertaking.” Id., 133, quoting Botticello v. Stefanovicz, 177 Conn. 22, 25, 411 A.2d 16 (1979).

Traditionally, a lessee is not considered the agent of a lessor within the contemplation of a mechanic’s lien statute merely by virtue of the relation of landlord and tenant. See annot., 163 A.L.R. 992. The only evidence offered at the hearing by the defendant to prove agency was the existence of a provision in the lease that provided for a rent computation based on a percentage of the gross receipts of the lessee’s business after five years from the date of execution of the lease. That provision of the lease, which was explained by the plaintiff as a substitute for the Consumer Price Index in computing the rent, fails to show any intention of the plaintiff to give to the lessee any control over the lessor’s activities or the intention of the lessee to accept any such control. Accordingly, the defendant failed to sustain its burden of proof that the lessee was the plaintiff’s agent for any purpose.

Equally lacking in merit is the defendant’s claim that the failure of the plaintiff immediately to take legal action coupled with the execution of the lease addendum compels the conclusion that the plaintiff ratified the contract between the defendant and the lessee. The defendant argues that “[a]t the very least, the lease [295]*295addendum . . . clearly documents the plaintiff’s consent to these alterations and improvements.”

The mere granting of permission for work to be conducted on one’s property has never been deemed sufficient to support a mechanic’s lien against the property. In Battistelli v. Jacobson, 13 Conn. Sup. 196 (1944), the plaintiff sought to foreclose a mechanic’s lien on property owned by the defendants for services rendered and materials furnished to a lessee of the defendants pursuant to a written contract between the plaintiff and the lessee. The defendant-landowners were not parties to the contract, but did expressly consent to have the work done. Moreover, the plaintiff had in the past done plumbing work for the defendants who, knowing that their lessees contemplated remodeling of the premises, had urged and persuaded the plaintiff to contract with the lessee for the plumbing work. The landowners, however, did not in any way guarantee payment of said work or lead the plaintiff to believe that they or their property would be responsible for the claim. Thus, even though the landowners had consented to the improvements and had brought the contracting parties together, the court held that the contractor was not entitled to a mechanic’s lien against the defendant landowners. Id., 199.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Connecticut Carpenters Benefit Funds v. Burkhard Hotel Partners II, LLC
849 A.2d 922 (Connecticut Appellate Court, 2004)
McLean v. Lawrie, No. Cv02-0099243s (Nov. 18, 2002)
2002 Conn. Super. Ct. 14663 (Connecticut Superior Court, 2002)
Merrill Lynch v. Pac Group, No. Cv 02 0814811 S (Sep. 3, 2002)
2002 Conn. Super. Ct. 11531 (Connecticut Superior Court, 2002)
B.A.C. Electrical Const. v. Bohnsack Fam., No. Cv 034 26 30 S (Jul. 2, 2002)
2002 Conn. Super. Ct. 8223 (Connecticut Superior Court, 2002)
Dibner v. Winthrop Group, Inc., No. X06-Cv-01-0164317s (Apr. 18, 2002)
2002 Conn. Super. Ct. 5480 (Connecticut Superior Court, 2002)
Connecticut Crprs. Benefit F. v. Burkhard Hotel, No. 122084 (Jan. 31, 2002)
2002 Conn. Super. Ct. 1277 (Connecticut Superior Court, 2002)
Carbone Financing Serv. v. Hawley 560, No. Cv00 37 73 47 S (Dec. 11, 2001)
2001 Conn. Super. Ct. 16339 (Connecticut Superior Court, 2001)
Elm City Mfg. Jewelers v. Crt Const. Co., No. Cv 01 045 1668 (Oct. 19, 2001)
2001 Conn. Super. Ct. 14766 (Connecticut Superior Court, 2001)
Carmel Homes v. Bednar, No. Cv 99-0079393 S (Oct. 1, 2001)
2001 Conn. Super. Ct. 13475 (Connecticut Superior Court, 2001)
Canino v. Iffland Lumber Company, Inc., No. Cv 01 85202 (Jul. 23, 2001)
2001 Conn. Super. Ct. 9727 (Connecticut Superior Court, 2001)
Westfield America v. S. Hecht Sons, No. Cv01-0275231s (Apr. 9, 2001)
2001 Conn. Super. Ct. 5004 (Connecticut Superior Court, 2001)
Coughlin Realty v. Blastech, No. Cv-00-0092060 (Mar. 13, 2001)
2001 Conn. Super. Ct. 3139 (Connecticut Superior Court, 2001)
Enfield Square v. Hecht Sons, No. Cv00-0804236 S (Mar. 7, 2001)
2001 Conn. Super. Ct. 3474 (Connecticut Superior Court, 2001)
Connecticut Concrete v. Arc Icesports, No. X01-Cv00-0160662 (Feb. 8, 2001)
2001 Conn. Super. Ct. 2173 (Connecticut Superior Court, 2001)
Wagner v. Kores, No. Cv-00-0503479 S (Oct. 27, 2000)
2000 Conn. Super. Ct. 13186 (Connecticut Superior Court, 2000)
F & D Electrical Contractors, Inc. v. Powder Coaters, Inc.
537 S.E.2d 285 (Court of Appeals of South Carolina, 2000)
Peltier v. Stevenson Lumber Company, No. Cv 99 0090651 (Mar. 23, 2000)
2000 Conn. Super. Ct. 3148 (Connecticut Superior Court, 2000)
New England Savings Bank v. Meadow Lakes Realty Co.
706 A.2d 465 (Supreme Court of Connecticut, 1998)
Beauregard v. Robles, No. Cv 97 0568115 (Jun. 17, 1997)
1997 Conn. Super. Ct. 6799 (Connecticut Superior Court, 1997)
Forte v. Justs, No. Cv 960323962 (Sep. 13, 1996)
1996 Conn. Super. Ct. 5381 (Connecticut Superior Court, 1996)

Cite This Page — Counsel Stack

Bluebook (online)
475 A.2d 1100, 193 Conn. 290, 1984 Conn. LEXIS 604, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hall-v-peacock-fixture-electric-co-conn-1984.