Conant v. Brackett
Massachusetts Supreme Judicial Court
Petition to enforce a mechanic’s lien under Gen. Sts. a. 150, for work done on the defendant’s building in Boston, in the fall of 1869. At the trial in the Superior Court, before Devens, J., without a jury, the following facts were found by the court: that in the latter part of July, 1869, the petitioner agreed to work and furnish materials for one Badger, in repairing and making alterations in certain stories of a building of which Badger expected to take a lease, and of…
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Petition to enforce a mechanic’s lien under Gen. Sts. a. 150, for work done on the defendant’s building in Boston, in the fall of 1869. At the trial in the Superior Court, before Devens, J., without a jury, the following facts were found by the court: that in the latter part of July, 1869, the petitioner agreed to work and furnish materials for one Badger, in repairing and making alterations in certain stories of a building of which Badger expected to take a lease, and of which the respondent was the general owner; that it was known to the petitioner that Badger expected to take a lease of…
1Opinion of the Court
By the Court.
There was no agreement with or consent of the owner of the building or any person having authority from or acting for him. The lease authorized the lessee only to make repairs at his own expense. The petitioner, therefore, has no lien. Francis v. Sayles, 101 Mass. 435. Hayes v. Fessenden, 106 Mass. 228. Hilton v. Merrill, 106 Mass. 528.
Judgment for the respondent.
2Cases cited3 opinions
- Hayes v. FessendenMassachusetts Supreme Judicial Court · 1870
- Hilton v. MerrillMassachusetts Supreme Judicial Court · 1871
- Francis v. SaylesMassachusetts Supreme Judicial Court · 1869
3Cited by13 opinions
- McCue v. WhitwellMassachusetts Supreme Judicial Court · 1892
- Saunders v. BennettMassachusetts Supreme Judicial Court · 1893
- McGuinn v. Federated Mines & Milling Co.Missouri Court of Appeals · 1911
- Ness v. WoodSupreme Court of Minnesota · 1890
- Ætna Elevator Co. v. DeevesAppellate Division of the Supreme Court of the State of New York · 1908
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