Legal Opinion

Landers v. Dexter

Massachusetts Supreme Judicial Court

Decided March 15, 1871PublishedCited by 15 opinions

Petition to enforce a mechanic’s lien under the Gen. Sts. c. 150, for labor performed and furnished by the petitioner in erecting twenty houses on a lot of land in Boston under an agreement with the respondent Dexter. On the facts which appeared at the trial in the superior court, Lord, J., ruled that the petition could not be sustained, and reported the case which is stated in the opinion.

1Opinion of the CourtMorton, J.

The petitioner claims a lien for a general balance of account for labor performed and furnished on twenty houses, treating the whole as one estate.

It is evident that the petitioner cannot prevail unless he can maintain his lien for the whole of his debt, nor unless the lien attached to the whole estate. Rathbun v. Hayford, 5 Allen, 406.

It appears from the report, that in June or .July 1867 he contracted with Dexter to do the carpenter and wood work on a block of twelve houses which were to be erected by Dexter, for wliich he was to be paid $615 for each house. He proceeded to work under this…

2Cited by15 opinions

  1. Weaver v. Harland Corp.Supreme Court of Virginia · 1940
  2. Wall v. RobinsonMassachusetts Supreme Judicial Court · 1874
  3. Willamette Mills Co. v. SheaOregon Supreme Court · 1893
  4. McGrew v. McCartyIndiana Supreme Court · 1881
  5. Beach v. StamperOregon Supreme Court · 1903

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