Vickery v. Richardson
Massachusetts Supreme Judicial Court
Petition, filed January 18, 1904, and amended April 20, 1904, under R. L. c. 197, § 1, to enforce a mechanic’s lien for labor performed and furnished in building a house of the respondent at Wellesley Hills. In the Superior Court the case was sent to an auditor who filed a report. At the trial of the case before Bell, J., without a jury, no evidence was offered in addition to the auditor’s report.
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Petition, filed January 18, 1904, and amended April 20, 1904, under R. L. c. 197, § 1, to enforce a mechanic’s lien for labor performed and furnished in building a house of the respondent at Wellesley Hills. In the Superior Court the case was sent to an auditor who filed a report. At the trial of the case before Bell, J., without a jury, no evidence was offered in addition to the auditor’s report. The judge found the facts to be as found by the auditor, and on those facts found for the respondent. At the request of the parties he reported the case upon the auditor’s report and the pleadings…
1Opinion of the CourtBraley, J.
If the statement of lien, though duly filed, was inaccurate by reason of the omission of an item of credit, and in understating the amount due the petitioner, yet as these errors are found to have been made inadvertently, its validity was not impaired, for it does not affirmatively appear that the respondent was misled. R. L. c. 197, §§ 1, 7. Burrell v. Way, 176 Mass. 164. Scannell v. Hub Brewing Co. 178 Mass. 288.
Notwithstanding there was a sufficient compliance with all preliminary requirements, the lien would not attach unless the labor was performed and furnished with the consent of the…
2Cases cited13 opinions
- Bassett v. BrownMassachusetts Supreme Judicial Court · 1870
- Beatty v. ParkerMassachusetts Supreme Judicial Court · 1886
- Bowen v. PhinneyMassachusetts Supreme Judicial Court · 1895
- Courtemanche v. Blackstone Valley Street Railway Co.Massachusetts Supreme Judicial Court · 1898
- Daley v. LegateMassachusetts Supreme Judicial Court · 1897
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3Cited by10 opinions
- McCarthy v. ParkerMassachusetts Supreme Judicial Court · 1923
- Victor Refining Co. v. City Nat. Bank of CommerceCourt of Appeals of Texas · 1924
- Bailey v. CallCourt of Appeals of Utah · 1989
- Donnelly v. ButlerMassachusetts Supreme Judicial Court · 1913
- Valentine Lumber & Supply Co. v. ThibeaultMassachusetts Supreme Judicial Court · 1955
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