Gilbert v. Fowler
Massachusetts Supreme Judicial Court
Petition on • the Gen. Sts. c. 150, to enforce a lien for labor performed and materials furnished in building a house and stable on the respondent’s land, alleged to have been performed and furnished by the petitioner under a contract with the respondent, which contract was under seal. The answer admitted the making of the contract.
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Petition on • the Gen. Sts. c. 150, to enforce a lien for labor performed and materials furnished in building a house and stable on the respondent’s land, alleged to have been performed and furnished by the petitioner under a contract with the respondent, which contract was under seal. The answer admitted the making of the contract. At the trial in the Superior Court, before Lord, J., the petitioner admitted that the labor and materials were performed and furnished by the petitioner and one Dodge, as partners; that the contract was made for the partnership in the name of the petitioner alone,…
1Opinion of the CourtEndicott, J.
The petitioner made a contract under seal with the respondent to perform labor and furnish materials in the eree tian of a dwelling-house and stable on land of thé respondent. It *377appeared in evidence before the auditor and at the trial, that one Dodge was interested in the contract, as partner with the petitioner ; and the respondent asked the court to rule that the action could not be maintained in the name of the petitioner alone. The court properly declined so to rule. The answer admits that the contract was made with the petitioner, and the respondent cannot, without amendment, set up…
2Cited by1 opinion
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