Legal Opinion

Girouard v. Jasper

Massachusetts Supreme Judicial Court

Decided November 16, 1914PublishedCited by 5 opinions

Petition, filed on November 29, 1912, and amended as of December 18, 1913, to enforce a mechanic’s lien for labor and materials performed and furnished in the erection of buildings on land of the respondent Jasper on Green Street in Worcester. In the Superior Court the case was tried before Dana, J. The course of the trial is described in the opinion.

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Petition, filed on November 29, 1912, and amended as of December 18, 1913, to enforce a mechanic’s lien for labor and materials performed and furnished in the erection of buildings on land of the respondent Jasper on Green Street in Worcester. In the Superior Court the case was tried before Dana, J. The course of the trial is described in the opinion. The rulings referred to in the last paragraph of the opinion, which were requested by the respondent after the findings of the jury, were as follows: “1. There was no evidence in this case to show that the petitioner rescinded the contract,…

1Opinion of the CourtCrosby, J.

This is a petition to enforce a mechanic’s lien for labor performed and materials furnished. The evidence shows that the petitioner and the respondent Jasper entered into four contracts, of which two were in writing and two were oral. The work upon all these contracts was carried on concurrently. The claim for a lien is based upon one of the written contracts, which is dated May 11,1912.

After the finding of the jury upon the issues submitted, the respondent made certain requests for rulings which were refused *320and the respondent excepted. The judge upon the answers of the jury determined that…

2Cases cited5 opinions

  1. Burke v. CoyneMassachusetts Supreme Judicial Court · 1905
  2. Eastern Expanded Metal Co. v. Webb Granite & Construction Co.Massachusetts Supreme Judicial Court · 1907
  3. Osborne v. BarnesMassachusetts Supreme Judicial Court · 1901
  4. Ellenwood v. BurgessMassachusetts Supreme Judicial Court · 1887
  5. Poirier v. DesmondMassachusetts Supreme Judicial Court · 1900

3Cited by5 opinions

  1. Zabin v. PicciottoMassachusetts Appeals Court · 2008
  2. Cont'nal Natl. Bk. of Ft. Worth v. ConnerTexas Supreme Court · 1948
  3. Quirk v. Data Terminal Systems, Inc.Massachusetts Supreme Judicial Court · 1980
  4. Prudential Insurance Co. of America v. MasonMassachusetts Supreme Judicial Court · 1938
  5. Bernard v. FisherIdaho Supreme Court · 1918

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