M. J. Daly & Sons, Inc. v. New Haven Hotel Co.
Supreme Court of Connecticut
Suit to foreclose a builder’s lien upon real estate, brought to and tried by the Superior Court in New Haven County, Reed, J.; facts found, including an indebtedness of $20,384, and judgment rendered for the plaintiff, and appeal by the defendant Hotel Company.
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Suit to foreclose a builder’s lien upon real estate, brought to and tried by the Superior Court in New Haven County, Reed, J.; facts found, including an indebtedness of $20,384, and judgment rendered for the plaintiff, and appeal by the defendant Hotel Company. On May 20th, 1911, the plaintiff entered into a written contract with the defendant Hotel Company whereby it agreed to install in the Hotel Taft, then in process of erection, its high-pressure steam connections, and its low-pressure and hot-blast heating and mechanical ventilation system, for $70,500. In so far as the high-pressure…
1ConcurrenceWheeler, J.
I concur in the result and with the reasoning of the opinion, except in the particulars herein discussed. The complaint alleges that the plaintiff furnished materials and rendered services in the construction of defendant’s building under an agreement, made a part of the complaint, which were reasonably worth $18,573.72, and $13,616.58 represents a balance due on the contract as provided therein.
The complaint does not allege in terms that the plaintiff completed the contract. Other allegations necessary under the statute in a case praying for the foreclosure of a mechanic’s lien are found in…
2Cases cited12 opinions
- Wolfe v. . HowesNew York Court of Appeals · 1859
- Valente v. WeinbergSupreme Court of Connecticut · 1907
- Pinches v. Swedish Evangelical Lutheran ChurchSupreme Court of Connecticut · 1887
- Healy v. FallonSupreme Court of Connecticut · 1897
- Lawson v. . HoganNew York Court of Appeals · 1883
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