Patrick v. Smith
Massachusetts Supreme Judicial Court
Petition to enforce a lien under the Gen. Sts. a. 150, for labor performed, in the construction of a block of buildings in Boston.
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Petition to enforce a lien under the Gen. Sts. a. 150, for labor performed, in the construction of a block of buildings in Boston. The petition averred that said buildings, and the lands on which they were situated, were owned by the respondent, and that the petitioners performed and furnished said labor by and with the consent of the owner of said buildings, and under a contract with one George A. Patrick, a person having authority from said owner to procure the same to be done. The answer contained a denial that the petitioners had any contract with Patrick to do any such work, and that…
1Opinion of the CourtAmes, J.
The St. of 1872, c. 318, upon which the respondent grounds one branch of his defence, is not applicable to the case. The purpose of that statute was merely to provide that in any *513case where the claim is made up of labor and materials furnished, and the lien for the materials fails to attach for want of the notice required by Gen. Sts. c. 150, § 2, the lien for the labor performed shall nevertheless be preserved, provided it can be distinctly shown what the labor was worth. In such a case the statute also requires that the number of days of labor performed or furnished, and the value of the…
2Cases cited1 opinion
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