Legal Opinion

McDougall v. Nast

New York Supreme Court

Decided September 15, 1866Published

An Appeal from a judgment entered on a decision of the Steuben special term dismissing the plaintiffs’ complaint. The action was to establish a mechanic’s lien on a lot of land of which the respondent is the owner, and to foreclose such lien.

1Opinion of the CourtBarker, J.

The respondent is a married woman and the owner of a lot in the village of Hornellsville. Her husband, Philip Nast, made a personal contract with John Feehan to erect a store thereon at the-agreed price of $4,200. Mrs. Nast was not a party to this agreement. Nast advanced to Feehan upon this contract, as the work progressed, $3000 and the building being then incomplete, the contract was changed in some particulars, Nast agreeing to pay an additional sum of $500 when the work was all completed, and the time for completing the same was extended to the 15th of May, 1881. Under the modified…

2Cases cited4 opinions

  1. Burkitt v. . HarperNew York Court of Appeals · 1879
  2. Otis v. . DoddNew York Court of Appeals · 1882
  3. Husted v. . MathesNew York Court of Appeals · 1879
  4. Rodbourn v. Seneca Lake Grape & Wine Co.New York Court of Appeals · 1876

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