La Foucherie v. Knutzen
Supreme Court of New Jersey
Case certified. On October 5th, 1892, Knutzen, one of the defendants, entered into a contract with Shefler, the other defendant, to erect for him a dwelling-house at Nutley, in Essex county. The contract was not filed in the clerk’s office until November 14th, 1892, and no specifications were filed, either with the contract or at any other time.
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Case certified. On October 5th, 1892, Knutzen, one of the defendants, entered into a contract with Shefler, the other defendant, to erect for him a dwelling-house at Nutley, in Essex county. The contract was not filed in the clerk’s office until November 14th, 1892, and no specifications were filed, either with the contract or at any other time. Subsequent to the making of the contract, but before it was filed, the plaintiff, La Foucherie, entered into a sub-contract with the defendant Knutzen to do the mason work on said building for $555, payable as follows: $200 when the building was…
1Opinion of the Court
The opinion of the court was delivered by
Gummere, J.
The second séction of the Mechanics’ Lien Jaw, as amended by the supplement of March 29th, 1892 (Pamph. L., p. 358), provides that when any building shall be erected in whole or in part by contract in writing, such building, and the land whereon it stands, shall be liable to the contractor alone for work done or materials "furnished in pursuance of such contract; provided, such contract, or a duplicate thereof, be filed, &c. The answer to the first question *236certified to us, therefore, depends upon whether the filing of the contract, without…
2Cases cited1 opinion
- Pimlott v. HallSupreme Court of New Jersey · 1893
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- A.C. Construction Co. v. KehoeNew Jersey Superior Court Appellate Division · 1992
- John Murtland, Inc. v. Empire Trust Co.Court of Appeals for the Third Circuit · 1930