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Riverside Fixture Co. v. Quigley

July 1912

THE RIVERSIDE FIXTURE COMPANY (A CORPORATION), RESPONDENT, V. G. W. QUIGLEY, HOTEL RENO (A CORPORATION), AND L. I. MCKISSICK AND L. L. MCKISSICK, APPELLANTS.


Appeal from the Second Judicial District Court, Washoe County; Peter Breen, Judge, presiding.

Boyd & Salisbury, for Appellant.

Huskey & Springer, for Respondents.

Per Curiam:

This is an action to foreclose a lien for labor and material. From a judgment in favor of the plaintiff and from an order denying a motion for a new trial the defendant L. L. McKissick appeals.

The plaintiff furnished and installed certain electrical fixtures in a building known as the Hotel Reno. The value of the labor and material so furnished was alleged to be $1,278.77, and credits amounting to $460.24 were acknowledged, leaving a balance alleged to be due of $818.53. From the lien filed and sought to be foreclosed we quote the following, relative to the description of the property: “That the following is a description of the premises and property upon which said work was done and materials furnished, and herein asked to be charged with this lien, to wit: Lots one (1) and two (2), in block ‘G' of Evans addition to the town, now city, of Reno, together with the building and improvements thereon, known as and called ‘Hotel Reno.'”

The complaint in the action alleged the further description that the property was situated “at the corner of Sierra and Plaza Streets.”

The answer, among other allegations, contained the following relative to the description of the property in ques

[35 Nev. 17, Page 22]

tion: “That all of the property known as the Hotel Reno, situate in the city of Reno, county of Washoe, State of Nevada, and sought to be charged with the lien described in plaintiff's complaint, is situated on lots nine (9) and ten (10) block ‘G' of the original plat of the town (now city) of Reno; that all of said property is owned, managed, and controlled by the estate of B. H. McKissick, deceased.”

The judgment entered in the action contained the following provision: “It is hereby ordered, adjudged and decreed: That the plaintiff, the Riverside Fixture Company, a corporation, have, and that it is entitled to have, a lien upon the following-described building and lots on which it stands, to the full extent of the interest owned in said property by said defendant, L. L. McKissick: The Hotel Reno on the corner of Plaza and Sierra Streets, city of Reno, county of Washoe, State of Nevada, and lots nine (9) and ten (10) in block ‘G' of the original town site, or plat, of the town (now city) of Reno, Washoe County, Nevada, on which said building stands; for the sum of eight hundred eighteen dollars and fifty-three cents ($818.53) and for costs of this action.”

In accordance with a stipulation entered into on the trial, the facts of the case, other than as to the corporate character of the parties, were found by the court as follows:

“(3) That at all of the times mentioned in plaintiff's amended complaint the estate of B. H. McKissick, deceased, was, and still is, the owner of lots one (1), two (2), nine (9), and ten (10), in block ‘G' of the town site (now city) of Reno. That the said estate of B. H. McKissick, deceased, is now being administered in the Second judicial district court of the State of Nevada in and for the county of Washoe. That the defendant L. L. McKissick was at all of the times mentioned in the amended complaint, and still is, the duly appointed, qualified, and acting administratrix of the estate of B. H. McKissick, deceased. That the work for which plaintiff seeks to foreclose its lien was performed and done upon

[35 Nev. 17, Page 23]

the building at present known as the Hotel McKissick on the corner of Plaza and Sierra Streets, and situated upon lot nine (9) and ten (10) of block ‘G' of the original town site, now city, of Reno. That B. H. McKissick, deceased, died intestate, and that the defendant, L. L. McKissick (his widow) and two minor children are the only heirs of his estate.

“(4) That the defendant G. W. Quigley occupied said premises at the times mentioned in plaintiff's amended complaint under and by virtue of a lease executed by defendant L. L. McKissick to said Quigley in her own name, not as administratrix of said estate, and without first obtaining permission or authority of the court in which said estate is being administered upon to execute said lease.

“(5) That commencing on the 1st day of June, 1908, and ending on the 1st day of August, 1908, with the full knowledge of the defendant L. L. McKissick, the plaintiff did, at the special instance and request of the defendant G. W. Quigley, and not upon express contract, furnish the material and labor for wiring the building and installing electric fixtures, and did wire the building and install electric fixtures in and upon the above-described Hotel Reno and premises, and that said wiring, materials, and fixtures are now a part of said ...


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