Donaher v. City of Boston
Massachusetts Supreme Judicial Court
Petition to enforce a mechanic’s lien for labor performed in the erection of a building on land of the respondent. At the trial in the Superior Court, before Rockwell, J., the jury returned a verdict for the petitioner; and the respondent alleged exceptions, the material parts of which appear in the opinion.
1Opinion of the CourtSoule, J.
The petitioner made a contract with one Pierce to deliver to him all the hammered granite required for a schoolhouse on Francis Street, in process of erection on land of the city of Boston, for an entire price. Pierce was employed by the city under a written contract to erect the building. The petitioner gave no notice that he should claim a lien for materials furnished. The granite was wrought at Quincy, and so much of it as was delivered under the petitioner’s contract with Pierce was delivered at the school-house. Till thus delivered, it was the property of the petitioner; and, after…
2Cited by5 opinions
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- Tracy v. WetherellMassachusetts Supreme Judicial Court · 1896
- Smalley v. HamblinMassachusetts Supreme Judicial Court · 1898