McCue v. Whitwell
Massachusetts Supreme Judicial Court
Petition, under the Pub. Sts. c. 191, to enforce a mechanic’s lien for labor performed and furnished in the excavation of a cellar, on land of the respondent Whitwell, under an agreement made between the petitioner and the respondent Pope. The case was heard on agreed facts, which, so far as material, appear in the opinion. The Superior Court dismissed the petition, and the petitioner appealed.
1Opinion of the CourtKnowlton, J.
The respondents contend that the relation of Pope to the owners of the land on which a lien is claimed was not such as would enable him to make a contract which could be the foundation of a lien. He had entered into an agreement in writing, whereby he was to have the property and receive a deed of it on paying the balance of the purchase price, of which he had already paid a part. It was expressly stipulated that he should expend in building on the premises $10,000 within three months, and $10,000 more within four months of the date of the contract. This stipulation constituted consent on the…
2Cases cited7 opinions
- Hayes v. FessendenMassachusetts Supreme Judicial Court · 1870
- Hilton v. MerrillMassachusetts Supreme Judicial Court · 1871
- Smith v. NorrisMassachusetts Supreme Judicial Court · 1876
- Francis v. SaylesMassachusetts Supreme Judicial Court · 1869
- Conant v. BrackettMassachusetts Supreme Judicial Court · 1873
2 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Carey-Lombard Lumber Co. v. JonesIllinois Supreme Court · 1900
- Burke v. CoyneMassachusetts Supreme Judicial Court · 1905
- Stewart v. TalbottSupreme Court of Colorado · 1913
- Baccari v. B. Perini & Sons, Inc.Massachusetts Supreme Judicial Court · 1936
- Pelatowski v. BlackMassachusetts Supreme Judicial Court · 1913
19 more not listed; retrieve them via the Exa API.