Courtemanche v. Blackstone Valley Street Railway Co.
Massachusetts Supreme Judicial Court
Petition to enforce a mechanic’s lien, under Pub. Sts. c. 191. The case was submitted to the Superior Court; and, after judgment. for the petitioner, to this court, on appeal, upon agreed facts, in substance as follows.
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Petition to enforce a mechanic’s lien, under Pub. Sts. c. 191. The case was submitted to the Superior Court; and, after judgment. for the petitioner, to this court, on appeal, upon agreed facts, in substance as follows. The petitioner was employed by the Worcester Engineering Company, which was under a contract with the respondent to build its railroad and equip the same, under date of October 16, 1895. The petitioner performed and furnished labor, under an entire contract, on the car barn. The statement, duly filed in the registry of deeds, is conceded to be true; and if the petitioner is…
1Opinion of the CourtKnowlton, J.
This case is submitted on an agreed statement of facts, and no inferences can be drawn in favor of either party. Old Colony Railroad v. Wilder, 137 Mass. 536. Mayhew v. Durfee, 138 Mass. 584. The burden is on the petitioner, and unless the facts agreed are all that the law requires to establish his case, he cannot recover.
Until the building was nearly completed, the heirs of Bridget *52Mulcahy were the owners of the land on which it was erected. They had orally agreed with the Worcester Engineering Company to sell this land to the respondent, but they had nothing to do with the contract for the…
2Cases cited12 opinions
- Old Colony Railroad v. WilderMassachusetts Supreme Judicial Court · 1884
- Hayes v. FessendenMassachusetts Supreme Judicial Court · 1870
- McCue v. WhitwellMassachusetts Supreme Judicial Court · 1892
- Hilton v. MerrillMassachusetts Supreme Judicial Court · 1871
- Smith v. NorrisMassachusetts Supreme Judicial Court · 1876
7 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Sebastian Building & Loan Ass'n v. MintenSupreme Court of Arkansas · 1930
- Cunningham v. Connecticut Fire InsuranceMassachusetts Supreme Judicial Court · 1909
- Libbey v. TiddenMassachusetts Supreme Judicial Court · 1906
- Roxbury Painting & Decorating Co. v. NuteMassachusetts Supreme Judicial Court · 1919
- Vickery v. RichardsonMassachusetts Supreme Judicial Court · 1905
8 more not listed; retrieve them via the Exa API.