Report of Cases Argued And Determined in the Supreme Court of the ..., volume 17

Cover Report of Cases Argued And Determined in the Supreme Court of the ..., volume 17
Report of Cases Argued And Determined in the Supreme Court of the ..., volume 17
Arizona. Supreme Court
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In Arizona, however, under the ex- press provision of our statute, no matter what the contract price may be, the owner is absolutely protected against any exorbitant price/ which his contractor may have agreed to pay for materials, for the plain and simple reason that the owner is only bound in the case of the subcontractor or material- man *for the reasonable value of the labor or materials fur- nished to an agent.* " Thus appellee's position with reference to the first assign- ment of error i...s destroyed, and by such a construction of the statute we must conclude that whether the contract was express or implied is a matter of vital importance to the owner of the property, and a misstatement in this particular be regarded as material. This because such a construction would place no limitation upon the establishment of the lien Digitized by Google 348 Merrill v. Wheeler, [17 Ariz.
upon the property, but only a limitation upon the personal obligation of the owner of the property. Nowhere in the chapter relating to the liens of mechanics, laborers and others can be found any provision authorizing a personal judgment against the owner of the property, in the absence of a show- ing that there were contractual relations existing between the plaintiff and the defendant against whom the personal judg- ment is sought.


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