Thompson v. Luciano
Massachusetts Supreme Judicial Court
Petition,' filed December 16,1907, to enforce a mechanic’s lien for labor performed and furnished for the respondents under an entire contract in writing for knocking down a stack and building four sixteen-inch chimneys. The case was tried before Sherman, J., upon issues agreed upon by the parties, on each of which the jury found for the petitioner. At the request of the respondents the judge reported the case for determination by this court.
1Opinion of the CourtRugg, C. J.
This is a petition to enforce a mechanic’s lien for labor performed under an entire written contract for labor and material. There was no sufficient statement of the contract price included in that which was filed in the registry of deeds. Hurley v. Lally, 151 Mass. 129. Gogin v. Walsh, 124 Mass. 516. Since these cases were decided, St. 1892, c. 191, now R. L. c. 197, § 6, has been enacted, which provides that “The statement shall not be invalid or insufficient solely by reason of an inaccuracy in stating or "failing to state the contract price, ... if it is shown that there was no intention…
2Cases cited7 opinions
- Borden v. MercerMassachusetts Supreme Judicial Court · 1895
- Gogin v. WalshMassachusetts Supreme Judicial Court · 1878
- Scannell v. Hub Brewing Co.Massachusetts Supreme Judicial Court · 1901
- Devine v. ClarkMassachusetts Supreme Judicial Court · 1908
- Casey v. WeaverMassachusetts Supreme Judicial Court · 1886
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3Cited by2 opinions
- Donnelly v. ButlerMassachusetts Supreme Judicial Court · 1913
- Fluet v. EberhardtMassachusetts Supreme Judicial Court · 1936