Cahill v. Capen
Massachusetts Supreme Judicial Court
Two PETITIONS to enforce mechanic’s liens for labor only performed upon houses owned by the respective defendants. At the trial of both cases together in the Superior Court, before Dewey, J., the petitioner offered to show that the respondents were the owners of adjoining lots of land, and that each employed one Murphy, a builder, to erect a house for her upon her lot, under a separate contract and for a distinct price; that Murphy contracted with the petitioner to furnish…
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Two PETITIONS to enforce mechanic’s liens for labor only performed upon houses owned by the respective defendants. At the trial of both cases together in the Superior Court, before Dewey, J., the petitioner offered to show that the respondents were the owners of adjoining lots of land, and that each employed one Murphy, a builder, to erect a house for her upon her lot, under a separate contract and for a distinct price; that Murphy contracted with the petitioner to furnish the labor and materials for the plumbing of both houses; that he duly performed his contract, the materials furnished…
1Opinion of the CourtKnowlton, J.
These cases cannot be distinguished in principle from Childs v. Anderson, 128 Mass. 108. In that case the petitioner sought to establish a lien upon a building of the respondent for labor performed and furnished, under an entire contract with a duly authorized person to do work and furnish materials for an entire price upon that and upon three other buildings not owned by the respondent. But the court held the St. of 187-2, c.’ 318, (Pub. Sts. c. 191, § 2,) to be inapplicable to such a case. That statute provides that, where labor is performed or furnished, or materials are furnished “ upon…
2Cases cited1 opinion
- Childs v. AndersonMassachusetts Supreme Judicial Court · 1880
3Cited by4 opinions
- Bartlett v. BilgerSupreme Court of Iowa · 1894
- Moore v. DuganMassachusetts Supreme Judicial Court · 1901
- Sheldon v. Chicago Bonding & Surety Co.Supreme Court of Iowa · 1921
- Scholl v. FleischerMassachusetts Supreme Judicial Court · 1925