Hazard Powder Co. v. Byrnes

—The plaintiffs seek to acquire a lien upon the premises situated on the corner of Third Avenue and Thirty-seventh street, belonging to the defendant Byrnes, for powder and fuses furnished to the defendant Kingsly, who contracted with Byrnes to erect buildings on the premises described.

It is conceded that the building contract required the rock upon the land to be blasted and removed by Kingsly, to enable him to lay the foundations for the buildings; and that the only question to be determined is, whether the powder and fuses necessarily used by Kingsly in blasting the rock, and furnished to…