Legal Opinion

Lavoie v. Burke

Supreme Court of New Hampshire

Decided June 5, 1897Published

Assumpsit, the first case for labor and the second for materials. Facts found by the court. Lavoie worked at brickmaking, at an agreed price per month, from April, 1896, until the latter part of the following September, under a contract with the defendant, who was the owner of the brick.

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Assumpsit, the first case for labor and the second for materials. Facts found by the court. Lavoie worked at brickmaking, at an agreed price per month, from April, 1896, until the latter part of the following September, under a contract with the defendant, who was the owner of the brick. Rowe & Dear-born, the plaintiffs in the second action, furnished wood to the defendant, under a contract made -with him prior to February 13, 1896, by which they were to deliver from time to time, upon request, all the wood there was upon certain lots of land, at an agreed price per cord, but no time of…

1Opinion of the CourtBlodgett, J.

The statute (P. S., c, 141, s. 11) upon which the plaintiffs’ actions are founded, and by which any person who performs labor or furnishes materials for making brick, through a contract with the owner thereof, is given a lien “ upon the kiln containing such brick,” was obviously designed to give to laborers and material-men a lien upon the property into which the labor and materials have gone, and as such it is not only to be construed liberally, so as to afford the protection and security intended by the legislature, but as a part of the general lien law of the state, it is to be given such…

2Cases cited4 opinions

  1. Hill v. CallahanSupreme Court of New Hampshire · 1878
  2. Hale v. BrownSupreme Court of New Hampshire · 1880
  3. Pike v. ScottSupreme Court of New Hampshire · 1881
  4. Calef v. BrinleySupreme Court of New Hampshire · 1877

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