Beatty v. Parker
Massachusetts Supreme Judicial Court
Petition to enforce a mechanic’s lien, under the Pub. Sts. c. 191. Trial in the Superior Court, without a jury, before Barker, J., who reported the case for the determination of this court, in substance as follows : It appeared that the respondent, being the owner of the land on which the lien was sought to be enforced, had employed one Currier to erect upon it a house, in which were to be conveniences for the use of the city water, which were also to be connected with the…
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Petition to enforce a mechanic’s lien, under the Pub. Sts. c. 191. Trial in the Superior Court, without a jury, before Barker, J., who reported the case for the determination of this court, in substance as follows : It appeared that the respondent, being the owner of the land on which the lien was sought to be enforced, had employed one Currier to erect upon it a house, in which were to be conveniences for the use of the city water, which were also to be connected with the street sewer; that Currier had employed one Wright to do the lathing upon the house, and also to connect the water…
1Opinion of the Court
W. Alleíí, J.
The drain-pipe was part of the house. The house was built upon a street in which there was a sewer, and was fitted for the use of the city water, to which connection with the sewer was essential. The piping, inside of the house, and outside of it to the sewer, was necessary to the use of the house and a part of it, and was included in the contract for building it. The house would be incomplete and unfinished without the pipe, and it would pass by a deed of the house as a part of it. It is immaterial whether it was inside or outside the walls of the house, or whether it was above…
2Cited by22 opinions
- Nash v. CommonwealthMassachusetts Supreme Judicial Court · 1899
- Friedman v. County of HampdenMassachusetts Supreme Judicial Court · 1910
- Eufaula Water Co. v. Addyston Pipe & Steel Co.Supreme Court of Alabama · 1889
- Ladue Contracting Co. v. Land Development Co.Missouri Court of Appeals · 1960
- National Foundry & Pipe Works, Ltd. v. Oconto Water Co.U.S. Circuit Court for the District of Eastern Wisconsin · 1892
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