Bracker v. Weldgen

A question arises upon this motion as to whether the lien filed by Morris H. Lipsky has preference over the liens of other claimants, it being contended that he was a laborer for daily or weekly wages.

Lipsky was engaged by the contractor to cart bricks, stone, wood and other materials. Lipsky was to furnish a motor truck for such carting and was to be paid two dollars and a half per hour. He performed the work himself, having at some times the assistance of a man furnished by the contractor. The contractor called upon him to do work when he needed him; he was not employed regularly. He…