Dodge v. Hall
Massachusetts Supreme Judicial Court
Petition, to enforce a mechanic’s lien, under Pub. Sts. c. 191. The petition alleged that, on or about July 16, 1894, the petitioner made a contract with Charles E. Hall, by the terms of which the petitioner was to build a house for Hall, who “ promised to pay him what his labor performed and furnished and materials were worth ” ; that the petitioner had fully performed his part of the contract; that the land on which the house stands was, at the time of making the contract,…
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Petition, to enforce a mechanic’s lien, under Pub. Sts. c. 191. The petition alleged that, on or about July 16, 1894, the petitioner made a contract with Charles E. Hall, by the terms of which the petitioner was to build a house for Hall, who “ promised to pay him what his labor performed and furnished and materials were worth ” ; that the petitioner had fully performed his part of the contract; that the land on which the house stands was, at the time of making the contract, owned by Hall, and when the labor and materials were performed and furnished by the petitioner the land was owned by…
1Opinion of the CourtAllen, J.
The sufficiency of the description of the land was rightly left to the jury. A description is sufficient which will enable one who is familiar with the locality to identify the land with reasonable certainty; and inaccuracies will not vitiate the lien, if the land can be so identified. St. 1892, c. 191. Cleverly v. Moseley, 148 Mass. 280. Phillips, Mechanic’s Liens, §§ 379, 383, and cases there cited. Under proper instructions, the jury must have found the description to be sufficient, and we cannot say that they were wrong.
The respondent contends that it is a part of the petitioner’s…
2Cases cited6 opinions
- Madigan v. McCarthyMassachusetts Supreme Judicial Court · 1871
- Westgate v. WixonMassachusetts Supreme Judicial Court · 1880
- Gale v. BlaikieMassachusetts Supreme Judicial Court · 1879
- McIver v. EstabrookMassachusetts Supreme Judicial Court · 1883
- Cleverly v. MoseleyMassachusetts Supreme Judicial Court · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Grimsley v. First Ave. Coal & Lumber Co.Supreme Court of Alabama · 1927
- Shaughnessy v. IsenbergMassachusetts Supreme Judicial Court · 1912
- D. L. Billings Co. v. BrandMassachusetts Supreme Judicial Court · 1905
- Buck v. HallMassachusetts Supreme Judicial Court · 1898
- Trask v. LittleMassachusetts Supreme Judicial Court · 1902
3 more not listed; retrieve them via the Exa API.