Smith v. Norris
Massachusetts Supreme Judicial Court
Petition by James F. Smith and John H. Le Cain to enforce a mechanic’s lien under the Gen. Sts. c. 150, for work done upon a block of five houses on Dennis Street in Boston.
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Petition by James F. Smith and John H. Le Cain to enforce a mechanic’s lien under the Gen. Sts. c. 150, for work done upon a block of five houses on Dennis Street in Boston. The certificate, filed by the petitioners in the office of the city clerk on March 7, 1873, set forth that the petitioners had a claim against William Eadie and Theodore G. Brown, late co-partners under the firm name of Eadie & Brown, amounting to $400, according to an account annexed and made part of the certificate. The first item of this account, under, date of February 6, 1873, was : “ For 247§ days’ labor on five…
1Opinion of the CourtDevens, J.
The contract between Norris and Eadie & Brown was similar to that in Hilton v. Merrill, 106 Mass. 528. It was one of the purposes of their agreement that Eadie & Brown should proceed to erect a block of houses upon the land which, on certain terms, Norris was to convey to them, and for this purpose Norris was to advance a specified amount of money. By implication he authorized Eadie & Brown to employ, either directly or through sub-contractors, the workmen necessary foi this object, and the labor thus employed was performed by i» tendment of the statute, with the consent of Norris.
*63The…
2Cases cited1 opinion
- Hilton v. MerrillMassachusetts Supreme Judicial Court · 1871
3Cited by15 opinions
- Nichols v. CulverSupreme Court of Connecticut · 1883
- McCue v. WhitwellMassachusetts Supreme Judicial Court · 1892
- Albrecht v. C. C. Foster Lumber Co.Indiana Supreme Court · 1890
- Hart v. ReidMichigan Supreme Court · 1928
- O'Leary v. RoeMissouri Court of Appeals · 1891
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