Casey v. Weaver
Massachusetts Supreme Judicial Court
Petition, under the Pub. Sts. c. 191, to enforce a mechanic’s lien. Trial in the Superior Court, without a jury, before Barker, J., who found for the petitioner, and ordered judgment accordingly; and the respondent alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtW. Allen, J.
The refusal to give the second ruling asked was right.* It was a question of fact, upon the evidence, whether the note was payment pro tanto.
Interest from the date of the petition was properly included. Johnson v. Boudry, 116 Mass. 196.
The petitioner made an oral contract with one Sheldon to do the plumbing, furnishing the materials and labor, in the construction of the respondent’s house, for an entire price of $300, to be paid on the completion of the contract by the petitioner. He gave no notice of his intention to claim a lien for materials, and he can distinctly show what the labor was…
2Cases cited2 opinions
- Childs v. AndersonMassachusetts Supreme Judicial Court · 1880
- Johnson v. BoudryMassachusetts Supreme Judicial Court · 1874
3Cited by6 opinions
- McLean v. WileyMassachusetts Supreme Judicial Court · 1900
- Scannell v. Hub Brewing Co.Massachusetts Supreme Judicial Court · 1901
- Manson v. FlanaganMassachusetts Supreme Judicial Court · 1919
- Bordier v. DavisMassachusetts Supreme Judicial Court · 1921
- Hurley v. LallyMassachusetts Supreme Judicial Court · 1890
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