Manchester v. Searle
Massachusetts Supreme Judicial Court
Petition, under the Gen. Sts. c. 150, to enforce a lien foi labor performed and materials furnished in the alteration and repair of a house in Springfield.
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Petition, under the Gen. Sts. c. 150, to enforce a lien foi labor performed and materials furnished in the alteration and repair of a house in Springfield. The petition alleged that the petitioner ceased to perform and furnish said labor and materials on July 9,' 1874; and that, within thirty days thereafter, he filed in the office of the clerk of the city of Springfield a statement duly sworn to, giving therein a just and true account of the amount due him for said labor and materials with all just credits. The first item of the account annexed was dated June 13, 1874, and the last, July 9,…
1Opinion of the CourtLord, J.
The question presented by the bill of exceptions in this case is, whether the labor and materials for which a lien is claimed, though furnished and performed after a mortgage had been made of the estate, were so performed and furnished under a contract made before the mortgage. We are of opinion that they were not. In order to create a lien upon real estate by a paroi contract against a subsequent mortgagee without notice, it is necessary that the contract should be precise, certain and definite, not subject to be affected, modified and changed by the will of one of the parties. An agreement…
2Cited by3 opinions
- Libbey v. TiddenMassachusetts Supreme Judicial Court · 1906
- Batchelder v. HutchinsonMassachusetts Supreme Judicial Court · 1894
- Wilson v. SleeperMassachusetts Supreme Judicial Court · 1881