Reid v. Berry
Massachusetts Supreme Judicial Court
Petition to enforce a mechanic’s lien upon certain real estate on Lindsey Street, in Dorchester, a part of Boston, filed January 22, 1900. At the time of the alleged contract the respondent Berry and one Herbert A. Merry were tenants in common of the property. Merry sold out to Berry in August, 1899, and the petition was brought against Berry alone. Berry did not enter his appearance nor defend the suit, but testified at the trial as a witness for the petitioner.
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Petition to enforce a mechanic’s lien upon certain real estate on Lindsey Street, in Dorchester, a part of Boston, filed January 22, 1900. At the time of the alleged contract the respondent Berry and one Herbert A. Merry were tenants in common of the property. Merry sold out to Berry in August, 1899, and the petition was brought against Berry alone. Berry did not enter his appearance nor defend the suit, but testified at the trial as a witness for the petitioner. The Taunton Savings Bank, mortgagee of the premises and purchaser thereof at foreclosure sale, was admitted to defend the suit. At…
1Opinion of the CourtMorton, J.
This is a petition to enforce a mechanic’s lien upon the premises described in the petition for digging, building and concreting a cellar, making sewer connections, and grading the lot, all for an entire sum. The case was defended by the Taunton Savings Bank as mortgagee. Certain issues, framed by it and agreed to by the petitioner, were submitted to the jury and found in favor of the petitioner. The substance of these findings was that the petitioner made the contract at the time alleged and performed it as required; that the labor and material were furnished by virtue of an agreement with…
2Cases cited3 opinions
- Henry v. PlittSupreme Court of Missouri · 1884
- Beatty v. ParkerMassachusetts Supreme Judicial Court · 1886
- Perry v. PotashinskiMassachusetts Supreme Judicial Court · 1897
3Cited by12 opinions
- Friedman v. County of HampdenMassachusetts Supreme Judicial Court · 1910
- Camputaro v. Stuart Hardwood Corp.Supreme Court of Connecticut · 1980
- Haimbaugh Landscaping, Inc. v. JegenIndiana Court of Appeals · 1995
- Premier Investments v. Suites of America, Inc.Indiana Supreme Court · 1994
- Commonwealth v. AtlasMassachusetts Supreme Judicial Court · 1923
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