Pinning v. Skipper
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City. The case is stated in the opinion of the Court. Exception. — The plaintiffs offered six prayers which the Court (Harlan, J.) refused. They are omitted, not having been noticed in the opinion of this Court. The defendant offered five prayers, all of which, save the first, were refused.
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Appeal from the Superior Court of Baltimore City. The case is stated in the opinion of the Court. Exception. — The plaintiffs offered six prayers which the Court (Harlan, J.) refused. They are omitted, not having been noticed in the opinion of this Court. The defendant offered five prayers, all of which, save the first, were refused. The first, as follows, was granted: 1. That the provision in the contract for the execution of a good lien bond, and the subsequent execution of the obligation offered in evidence to secure the due performance of the said contract, constitute in law a waiver of…
1Opinion of the CourtMiller, J.
The Mechanics’ Lien Law provides that “no person having such lien shall he considered as waiving the same by granting a credit, or receiving notes or other securities, unless the same he received as payment, or the lien he expressly waived.” Code, Art. 63, sec. 3.
It is conceded that under this provision the lien may he waived by a special contract inconsistent with its existence or enforcement. Such a contract is, in effect, an express waiver of the lien.
The lien claim in this case, amounting to $>991.56, was filed by the appellants against twenty-two brick houses built on contiguous lots of…
2Cases cited1 opinion
- Trustees of the German Lutheran Evangelical St. Matthew's Congregation v. HeiseCourt of Appeals of Maryland · 1876
3Cited by13 opinions
- Davis v. La Crosse Hospital Ass'nWisconsin Supreme Court · 1904
- Dickerson Lumber Co. v. HersonCourt of Appeals of Maryland · 1963
- Gray v. JonesOregon Supreme Court · 1905
- Hammond Hotel & Improvement Co. v. WilliamsIndiana Court of Appeals · 1931
- Caltrider v. WeantCourt of Appeals of Maryland · 1925
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