QUASI CONTRACTS-LIABILITY OF LANDOWNER FOR REPAIRS FURNISHED WITHOUT REQUEST

Plaintiff furnished labor and materials for repairs to a farm house owned by defendant. The work was done without the knowledge of defendant at the request of defendant\u27s brother who was occupying the place at the time and who had formerly been the owner. Plaintiff sued to foreclose a materialman\u27s lien, but the lien was disallowed because not filed in time. It was held, nevertheless, that even though plaintiff was unable to prove either a contract with defendant or an agency relationship between defendant and his brother, plaintiff could still recover the reasonable value of the benefits furnished to defendant, measured by the cost of the labor and materials involved in making the repairs. Karon v. Kellogg, (Minn. 1935) 261 N. W. 861