Orr v. Fuller
Massachusetts Supreme Judicial Court
Petition, against Herbert A. Fuller, Will S. Fuller, and Granville A. Fuller, to enforce a mechanic’s lien under Pub. Sts. c. 191, for labor performed and materials furnished in the erection of nine dwelling-houses upon land in that part of Boston called Allston, by virtue of an oral contract with the respondent Herbert A. Fuller, on November 18 or 19, 1895. Annexed to the petition was an account upon a quantum meruit.
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Petition, against Herbert A. Fuller, Will S. Fuller, and Granville A. Fuller, to enforce a mechanic’s lien under Pub. Sts. c. 191, for labor performed and materials furnished in the erection of nine dwelling-houses upon land in that part of Boston called Allston, by virtue of an oral contract with the respondent Herbert A. Fuller, on November 18 or 19, 1895. Annexed to the petition was an account upon a quantum meruit. Trial in the Superior Court, before' Braley, J., who allowed a bill of exceptions, in substance as follows. The contract under which the lien was sought to be enforced was as…
1Opinion of the CourtHolmes, J.
The facts that the work was done and the materials were furnished under one contract with the owner of the whole tract, coupled with the absence of any visible divisions, warranted a finding, if not a ruling, that the whole tract was one lot, and that there was a lien upon the whole of it for the whole sum due, under Pub. Sts. c. 191, § 1. Batchelder v. Rand., 117 Mass. 176. See also Lincoln v. Commonwealth, 164 *601Mass. 368, 379; Wellington v. Boston Maine Railroad, 164 Mass. 380, 381.
The contract was broken by the owner of the land, and the jury on that ground were allowed to find the fair…
2Cases cited4 opinions
- Lincoln v. CommonwealthMassachusetts Supreme Judicial Court · 1895
- Batchelder v. RandMassachusetts Supreme Judicial Court · 1875
- Wellington v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1895
- Hale & McClure v. Johnson & WigginsSupreme Court of Kansas · 1870
3Cited by12 opinions
- Preston v. Board of AppealsMassachusetts Appeals Court · 2001
- Haralson v. SpeerCourt of Appeals of Georgia · 1907
- Howland v. Acting Superintendent of Buildings & Inspector of BuildingsMassachusetts Supreme Judicial Court · 1951
- Trustees of Boston University v. CommonwealthMassachusetts Supreme Judicial Court · 1934
- City of Marlborough v. PoorvuMassachusetts Supreme Judicial Court · 1940
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