Pelatowski v. Black
Massachusetts Supreme Judicial Court
Petition, filed on June 14, 1909, to enforce a mechanic’s lien. The petitioners claimed a lien for work done under a contract for the construction of a house for the respondent and for extra work.
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Petition, filed on June 14, 1909, to enforce a mechanic’s lien. The petitioners claimed a lien for work done under a contract for the construction of a house for the respondent and for extra work. The contract price was $2,650 and the alleged value of the extra work was $418.75. In the Superior Court there was a trial before Hitchcock, J., of a single issue, namely, “After subtracting all deductions and payments which the respondent is entitled to have credited, if any, how much money are the petitioners entitled to, if any, for the labor furnished and materials furnished, and actually used…
1Opinion of the CourtSheldon, J.
In this case no question now is made but that the petitioners substantially performed their contract in good faith; and it seems to have been agreed by both parties that if so, the amount due to them was the contract price, increased by what should be allowed for extra work and diminished by the deduction of the payments which they had received and of what should be allowed for certain defects in their performance. The judge ruled that the latter deduction should be of whatever amount the jury might find to be necessary to remedy any deficiencies in the performance of the contract, and…
2Cases cited17 opinions
- Randall v. Peerless Motor Car Co.Massachusetts Supreme Judicial Court · 1912
- Bowen v. KimbellMassachusetts Supreme Judicial Court · 1909
- Handy v. BlissMassachusetts Supreme Judicial Court · 1910
- Gillis v. CobeMassachusetts Supreme Judicial Court · 1901
- Brick v. BosworthMassachusetts Supreme Judicial Court · 1894
12 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Biggs v. DensmoreMassachusetts Supreme Judicial Court · 1948
- Ficara v. BelleauMassachusetts Supreme Judicial Court · 1954
- Glazer v. SchwartzMassachusetts Supreme Judicial Court · 1931
- Louise Caroline Nursing Home, Inc. v. Dix Construction Corp.Massachusetts Supreme Judicial Court · 1972
- City of Cleveland v. Walsh Construction Co.Court of Appeals for the Sixth Circuit · 1922
14 more not listed; retrieve them via the Exa API.