Perry v. Potashinski
Massachusetts Supreme Judicial Court
Petition, to enforce a mechanic’s lien, under Pub. Sts. c. 191, for labor furnished under a subcontract in the erection of a building on the respondent’s land in Worcester. Trial in the Superior Court, without a jury, before Dewey, J., who found for the petitioner; and, at the respondent’s request, reported the case for the determination of this court. The facts appear in the opinion.
1Opinion of the CourtHolmes, J.
This is a petition to enforce a mechanic’s lien for labor, under Pub. Sts. c. 191, and comes here on report. We will take up in their order the points that were argued.
1. The respondent had employed a contractor to build a house upon his land, under a contract which provided that the contractor should “ not let, assign, or transfer this contract, or any interest therein, without the written consent of the architect.” The petitioner made a written subcontract with the contractor .to excavate for the cellar, do the grading about the building, and build the foundation walls, referring to the…
2Cases cited4 opinions
- Bowen v. PhinneyMassachusetts Supreme Judicial Court · 1895
- Landers v. DexterMassachusetts Supreme Judicial Court · 1871
- Borden v. MercerMassachusetts Supreme Judicial Court · 1895
- Wahlstrom v. TrulsonMassachusetts Supreme Judicial Court · 1896
3Cited by5 opinions
- Green v. ReeseSupreme Court of Oklahoma · 1953
- Reid v. BerryMassachusetts Supreme Judicial Court · 1901
- Vickery v. RichardsonMassachusetts Supreme Judicial Court · 1905
- Monaghan v. GoddardMassachusetts Supreme Judicial Court · 1899
- Green v. ReeseSupreme Court of Oklahoma · 1953