Broyhill v. . Gaither
Supreme Court of North Carolina
Civil agtioN, heard before Hoke, J., and a jury, at Fall Term, 1896, Superior Court of Wilkes County. The action was to recover a sum due and enforce a lien claimed to be a mechanic’s lien against the lands of defendant, situated in Wilkes county.
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Civil agtioN, heard before Hoke, J., and a jury, at Fall Term, 1896, Superior Court of Wilkes County. The action was to recover a sum due and enforce a lien claimed to be a mechanic’s lien against the lands of defendant, situated in Wilkes county. The lien was admitted to be in due form and properly filed, and defendant resisted its enforcement, claiming that so much of the demand as was admitted to be due plaintiff was for material furnished, and that defendant or agent had demanded the right of homestead exemptions. Defendant further contended that if lien was valid and superior to…
1Opinion of the Court
Clark, J.:
The plaintiff having built a house for the defendant was entitled to his mechanic’s lien therefor, not merely for the value of the labor expended but for the contract price of the house, (The Code, Sec. 1781,) which lien is superior to the homestead. Const., Art. 10, Sec. 4. "When the contractor undertakes to put up a building and complete the same, the contract is indivisible and his “ mechanic’s lien ” embraces the entire outlay, whether in labor or material, being for “ work done on the premises,” i. e. for betterments on it. The “ laborer’s lien ” is solely for labor performed.…
2Cases cited3 opinions
- Merrigan v. EnglishMontana Supreme Court · 1889
- Cumming v. . BloodworthSupreme Court of North Carolina · 1882
- Phelps & Bigelow Windmill Co. v. ShayNebraska Supreme Court · 1891
3Cited by13 opinions
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- Johnson v. . LeavittSupreme Court of North Carolina · 1924
- Cameron v. . McDonaldSupreme Court of North Carolina · 1940
- Noland Co. v. . TrusteesSupreme Court of North Carolina · 1925
- Hall v. JonesSupreme Court of North Carolina · 1909
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