Cantera v. Trustees of Eighth Street Baptist Church
Superior Court of Delaware
Sci. Fa. Sur Mechanics’ Lien The plaintiff performed labor and furnished materials under contracts, not with the owner, but with the contractor for the erection of a building or structure, and ninety-six days after the labor and the furnishing of materials had been finished, he filed his statement of claim.
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Sci. Fa. Sur Mechanics’ Lien The plaintiff performed labor and furnished materials under contracts, not with the owner, but with the contractor for the erection of a building or structure, and ninety-six days after the labor and the furnishing of materials had been finished, he filed his statement of claim. The defendant filed several exceptions to the plaintiff’s claim, the controlling one being, “That said statement was not filed within ninety days from the time when the work and labor and the furnishing of the materials were finished by said plaintiff as alleged in said statement, in…
1Opinion of the Court
Woolley, J.,
delivering the opinion of the court:
The Mechanics’ Lien Act of this state provides that any person who has performed or furnished work and labor or materials, or both, to an amount exceeding a certain sum, in and for the erection, alteration or repair of any house, building or structure, in pursuance of any contract with the owner thereof or with his agent or “wdth any contractor who shall have contracted for the erection, alteration or repair of the same, and for the furnishing of the whole or any part of the materials therefor,” may obtain a lien thereupon and upon the ground…
2Cases cited1 opinion
- Carswell v. PatzowskiSuperior Court of Delaware · 1903
3Cited by5 opinions
- Breeding v. MelsonSupreme Court of Delaware · 1927
- Stockman v. McKeeSuperior Court of Delaware · 1950
- Hendrix v. KelleySuperior Court of Delaware · 1928
- New Farley Nat. Bank v. Montgomery CountyAlabama Court of Appeals · 1919
- Wilmington Sash & Door Co. v. NuttallSuperior Court of Delaware · 1915