French v. Hussey
Massachusetts Supreme Judicial Court
Petition to enforce a mechanic’s lien, under Pub. Sts. e. 191, for labor and materials furnished in the erection of a house in Waltham. Trial in the Superior Court, without a jury, before Richardson, J., who found for the respondent, and at the request of the petitioner, and with the consent of the respondent, reported the case for the determination of this court, in substance as follows.
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Petition to enforce a mechanic’s lien, under Pub. Sts. e. 191, for labor and materials furnished in the erection of a house in Waltham. Trial in the Superior Court, without a jury, before Richardson, J., who found for the respondent, and at the request of the petitioner, and with the consent of the respondent, reported the case for the determination of this court, in substance as follows. In the autumn of 1890, the petitioner contracted with one Preble, who was the duly authorized agent of the respondent, to furnish labor and materials in the erection of a building upon land of the respondent…
1Opinion of the CourtField, C. J.
Under Gen. Sts. c. 150, §§ 1 and 2, if labor was performed or furnished, and materials were furnished, to a person not the owner of the property, under an entire contract for an entire price, and no notice was given to the owner before furnishing the materials of an intention to claim a lien, there was no lien for either labor or materials. Morrison v. Minot, 5 Allen, 403. The St. 1872, c. 318, was passed for the purpose of giving a lien for the labor performed or furnished in the case above stated, provided it could be distinctly shown what such labor was worth, the lien in no event to…
2Cases cited4 opinions
- Moore v. EricksonMassachusetts Supreme Judicial Court · 1893
- Gogin v. WalshMassachusetts Supreme Judicial Court · 1878
- Ellinwood v. City of WorcesterMassachusetts Supreme Judicial Court · 1891
- Hurley v. LallyMassachusetts Supreme Judicial Court · 1890
3Cited by4 opinions
- Rochford v. RochfordMassachusetts Supreme Judicial Court · 1905
- McDowell v. RockwoodMassachusetts Supreme Judicial Court · 1902
- Swan v. SaylesMassachusetts Supreme Judicial Court · 1896
- Reardon v. AshmanMassachusetts Supreme Judicial Court · 1914