Legal Opinion

Pairo v. Bethell

Supreme Court of Virginia

Decided November 15, 1881PublishedCited by 19 opinions

On the 16th of June, 1877, William. D. Bethell, assignee of Thomas & Bethell, served a notice on John L. Pairo, that he would move the corporation court of the town of Danville, on the fifth day of the following- July term thereof, to enforce a mechanic’s lien, under ch. 115, Code 1873,. on a house and lot in said town for $3,000, subject to several credits for money paid at'different dates, which lien was. founded upon a written contract made on the 2d of September, 1875,…

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On the 16th of June, 1877, William. D. Bethell, assignee of Thomas & Bethell, served a notice on John L. Pairo, that he would move the corporation court of the town of Danville, on the fifth day of the following- July term thereof, to enforce a mechanic’s lien, under ch. 115, Code 1873,. on a house and lot in said town for $3,000, subject to several credits for money paid at'different dates, which lien was. founded upon a written contract made on the 2d of September, 1875, between the said Pairo and Thomas & Bethell,. whereby the said Thomas & Bethell agreed to build and furnish materials and…

1Opinion of the CourtBurks, J.

This was a summary proceeding in the court below by motion, on notice, under the statute (Code of 1873, ch. 115, § 10), to enforce a mechanic’s lien for the price of work done and materials furnished in the construction of buildings on a lot in the city of Danville. At the hearing the court sustained the complainant’s claim and by decree ordered the sale of the house and lot to satisfy the lien. From this decree an appeal was allowed the defendant.

The contract between the builders and the owner of the lot was in writing, signed by the parties, and there was no dispute about its execution or…

2Cases cited4 opinions

  1. Iaege v. BossieuxSupreme Court of Virginia · 1859
  2. Taylor v. StearnsSupreme Court of Virginia · 1868
  3. Fultz v. DavisSupreme Court of Virginia · 1875
  4. Roussell v. CommonwealthSupreme Court of Virginia · 1877

3Cited by19 opinions

  1. Rosser v. ColeSupreme Court of Virginia · 1989
  2. Stimpson v. BishopSupreme Court of Virginia · 1886
  3. Wytheville Crystal Ice & Dairy Co. v. Frick Co.Supreme Court of Virginia · 1898
  4. New York Life Insurance v. KennedySupreme Court of Virginia · 1926
  5. Stafford v. JonesWest Virginia Supreme Court · 1913

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