
    No. 825
    BROWN-GRAVES-VINCENT CO v. DEUTCHMAN et al
    Ohio Appeals, 9th Dist., Summit County
    No. 823.
    Sept. 22, 1924
    787. Mortgages — Mechanic’s lienholder signing in waiver of lien in favor of mortgagee advancing money thereon,' held estopped to assert priority against mortgage.
    755. MECHANIC’S LIENS — Consideration for waiver of mechanic’s lien is sufficient if lienholder djeirives benefit express or implied.
    Attorneys — Carl . M. Myers, for Brown-Vincent Co.; Burch, Bancon & Denlinger, for Deutchman et al; all of Akron.
   WASHBURN, J.

Epitomized Opinion

Published Only in Ohio Law Abstract

The Brown Co. claims a mechanic’s lien on certain premises and the Akron Guaranteed Mtg. Co. claims a mortgage lien on the same property. The issue is as to whether the mechanic’s lien was waived.

The record shows that one Tuck, comptroller of the Brown Co., signed such waiver, his signature compared With his genuine signature and other like waivers of mechanics’ liens on behalf of the BroWn Co. justifies the inference of his authority in the premises. The mortgage company received said waiver .in exchange for money advanced to mechanics’ lien-holders. Affirming the Common Pleas, the Court of Appeals held:

1. The mechanics’ lienholder by signing a waiver in favor of the mortgage lien, enabling the former to obtain part of the loan which the mortgage wlas to secure, is estopped to assert priority over the mortgage.

2. Consideration for waiver of lien is sufficient if the mechanic’s lienholder derives benefit expressed or implied.  