Webber Lumber & Supply Co. v. Erickson
Massachusetts Supreme Judicial Court
Petition, filed on October 9, 1912, under R. L. c. 197, to establish a lien for building material furnished to one Niskanen under a contract in writing made by him with the petitioner, to be used in the construction of a building for the respondents Fritz H. Erickson and Annie Sophia Erickson, his wife, who were the owners of the land on which the building was erected.
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Petition, filed on October 9, 1912, under R. L. c. 197, to establish a lien for building material furnished to one Niskanen under a contract in writing made by him with the petitioner, to be used in the construction of a building for the respondents Fritz H. Erickson and Annie Sophia Erickson, his wife, who were the owners of the land on which the building was erected. The Fidelity Co-operative Bank, the mortgagee under á mortgage made by the respondents Erickson, was admitted as a respondent. In the Superior Court the case was heard by Hall, J., without a jury, upon an agreed statement of…
1Opinion of the CourtHammond, J.
One of the grounds of the defense is that the alleged lien never attached. The solution of the question hinges upon the sufficiency of the notice. If the notice was sufficient then the lien attached.
The materials were not purchased by the respondents, who were *82tenants in common of the fee of the real estate in question, but were furnished to one Niskanen, apparently a contractor engaged in the construction of the building. No lien, therefore, could attach unless the petitioner, before furnishing the materials, gave a notice in writing to “the owner of the property to be affected by the lien”…
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