Miller v. Wilkinson
Massachusetts Supreme Judicial Court
Petition, under Pub. Sts. c. 191, to enforce a mechanic’s lien for labor and materials furnished in the plumbing and heating of a house in Fall River. Trial in the Superior Court, before Richardson, J., who reported the case for the determination of this court, in substance as follows. The contract, which was made in March, 1893, was completed prior to August 23, 1893, except furnishing and putting up in the basement a marble back to the washbowl.
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Petition, under Pub. Sts. c. 191, to enforce a mechanic’s lien for labor and materials furnished in the plumbing and heating of a house in Fall River. Trial in the Superior Court, before Richardson, J., who reported the case for the determination of this court, in substance as follows. The contract, which was made in March, 1893, was completed prior to August 23, 1893, except furnishing and putting up in the basement a marble back to the washbowl. This back was furnished and put up on December 2,1893, and the statement of lien was filed on December 18, 1893. The reason why the back was not…
1Opinion of the CourtHolmes, J.
So far as' appears from the report, the presiding judge well might have found for the respondents. But as it appears that what was done was done under the contract, we cannot say, as matter of law, that the finding for the petitioners was not warranted. Monaghan v. Putney, 161 Mass. 338.
Finding to stand.
2Cases cited1 opinion
- Monaghan v. PutneyMassachusetts Supreme Judicial Court · 1894
3Cited by11 opinions
- General Fire Extinguisher Co. v. Schwartz Bros. CommissionSupreme Court of Missouri · 1901
- Rieflin v. GraftonWashington Supreme Court · 1911
- National Surety Co. v. PriceCourt of Appeals of Kentucky · 1915
- Breeding v. MelsonSupreme Court of Delaware · 1927
- McLean v. WileyMassachusetts Supreme Judicial Court · 1900
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