Moore v. Erickson
Massachusetts Supreme Judicial Court
Petition under Pub. Sts. c. 191, to enforce a mechanic’s lien. The case was submitted to the Superior Court, and, after judgment for the respondent, to this court, on appeal, on agreed facts, the material portions of which are stated in the opinion.
1Opinion of the CourtField, C. J.
The agreed facts show that the petitioners would have been entitled to enforce a lien for the labor performed under their entire contract with McArthur, pursuant to Pub. Sts. c. 191, § 2, if they had completed the contract. The only question is whether they have lost the lien by not completing the contract under the circumstances stated. It appears that McArthur, who, as contractor with the respondent, made the contract with the petitioner's, failed, and told them that he could not pay them, and that they must look “ to their lien on the house for their pay,” whereupon the petitioners and…
2Cases cited4 opinions
- Fitzgerald v. AllenMassachusetts Supreme Judicial Court · 1880
- McCue v. WhitwellMassachusetts Supreme Judicial Court · 1892
- Smith v. NorrisMassachusetts Supreme Judicial Court · 1876
- Gogin v. WalshMassachusetts Supreme Judicial Court · 1878
3Cited by10 opinions
- Burke v. CoyneMassachusetts Supreme Judicial Court · 1905
- Bowen v. PhinneyMassachusetts Supreme Judicial Court · 1895
- General Fire Extinguisher Co. v. ChaplinMassachusetts Supreme Judicial Court · 1903
- Angier v. Bay State Distilling Co.Massachusetts Supreme Judicial Court · 1901
- Klondike Lumber Co. v. WilliamsSupreme Court of Arkansas · 1903
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