Whitford v. Newell
Massachusetts Supreme Judicial Court
Petition for the enforcement of a mechanic’s lien, under St. 1855, c. 431, and Gen. Sts. c. 150, setting forth that the petitioner had performed labor and furnished materials for the respondent under and by virtue of a verbal contract made with him on the 4th of May 1859, whereby he agreed to take down an old barn and erect a new one upon land of the respondent, and furnish all materials for the same, except that he was to use such timber and materials from the old barn as…
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Petition for the enforcement of a mechanic’s lien, under St. 1855, c. 431, and Gen. Sts. c. 150, setting forth that the petitioner had performed labor and furnished materials for the respondent under and by virtue of a verbal contract made with him on the 4th of May 1859, whereby he agreed to take down an old barn and erect a new one upon land of the respondent, and furnish all materials for the same, except that he was to use such timber and materials from the old barn as were suitable to put into the new one, and to dig and stone a cellar therefor; and to alter and repair the respondent’s…
1Opinion of the CourtMerrick, J.
It is admitted that the petitioner, under and in fulfilment of an agreement between him and the respondent, performed labor and furnished materials which were used in erecting a barn and in altering and repairing a dwelling house upon the premises described in the petition. This entitles him to have a lien upon the buildings, and upon the interest of the respondent in the lot of land on which they are situated, if in all other respects his proceedings were correct. It is not essential that the agreement should have been in writing. The statute provides that the lien shall exist if the work is…
2Cited by2 opinions
- Ketcham v. Land Title & Trust Co.Supreme Court of Pennsylvania · 1917
- W.C. Smith & Son, Inc. v. Brooks/Maxi Drug, Inc.Massachusetts Superior Court · 2007