Wilson v. Sleeper
Massachusetts Supreme Judicial Court
Petition to enforce a mechanic’s lien. Trial in the Superior Court, before Bacon, J., who reported the case for the determination of this court in substance as follows : The petitioner offered evidence tending to show that, previous to September 10, 1878, Walter D. Haynes contracted with the respondents to build for them two houses on the land described in the petition; that the petitioner performed the amount of labor alleged in his petition, and at the times set forth…
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Petition to enforce a mechanic’s lien. Trial in the Superior Court, before Bacon, J., who reported the case for the determination of this court in substance as follows : The petitioner offered evidence tending to show that, previous to September 10, 1878, Walter D. Haynes contracted with the respondents to build for them two houses on the land described in the petition; that the petitioner performed the amount of labor alleged in his petition, and at the times set forth therein, in getting out finish for the two houses which was actually used in their erection; and that the petitioner…
1Opinion of the CourtSoule, J.
The respondents rely on two grounds of defence. First, that there was no sufficient contract between the petitioner and Haynes to be the foundation for a lien; and second, that the work was not actually done on the premises, by the petitioner, though the material on which he worked went into and became a part of the respondents’ buildings.
The petitioner performed the labor under a general employment by Haynes .to work in getting out finish for the buildings of the respondents, and a building of another person, at day’s wages to be afterwards fixed. This is a sufficiently definite contract…
2Cases cited3 opinions
- Jones v. KeenMassachusetts Supreme Judicial Court · 1874
- Donaher v. City of BostonMassachusetts Supreme Judicial Court · 1879
- Manchester v. SearleMassachusetts Supreme Judicial Court · 1877
3Cited by8 opinions
- Friedman v. County of HampdenMassachusetts Supreme Judicial Court · 1910
- Baker v. Yakima Valley Canal Co.Washington Supreme Court · 1913
- Evans Marble Co. v. International Trust Co.Court of Appeals of Maryland · 1905
- Batchelder v. HutchinsonMassachusetts Supreme Judicial Court · 1894
- Daley v. LegateMassachusetts Supreme Judicial Court · 1897
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