Kennebec Framing Co. v. Pickering
Massachusetts Supreme Judicial Court
Petition, under the Pub. Sts. c. 191, to enforce a mechanic’s lien. Trial in the Superior Court, without a jury, before Knowlton, J., who allowed a bill of exceptions, in substance as follows: The petitioner introduced evidence tending to show the following facts: The petitioner made a contract in writing, dated March 1, 1884, to furnish to' the respondent frame and other building material for a skating rink in Wakefield, at a certain sum per thousand feet.
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Petition, under the Pub. Sts. c. 191, to enforce a mechanic’s lien. Trial in the Superior Court, without a jury, before Knowlton, J., who allowed a bill of exceptions, in substance as follows: The petitioner introduced evidence tending to show the following facts: The petitioner made a contract in writing, dated March 1, 1884, to furnish to' the respondent frame and other building material for a skating rink in Wakefield, at a certain sum per thousand feet. The petitioner commenced shipping this lumber about March 7, 1884, by cars from Fairfield, Maine, to Wake-field. This lumber was…
1Opinion of the CourtHolmes, J.
When, as here, the price is fixed by the thousand feet, we will assume that a lien can be maintained for materials furnished and actually used, although furnished under an entire contract which calls for a larger quantity, part of which is not actually used. Felton v. Minot, 7 Allen, 412. But in Gale v. Blaikie, 129 Mass. 206, the court say: “ It is clear that the statement of account is intended to embrace only those charges which the lien secures, and that it is to be filed within thirty days after the last of the items charged and secured is furnished. The only ‘ materials ’ which are the…
2Cases cited1 opinion
- Gale v. BlaikieMassachusetts Supreme Judicial Court · 1880
3Cited by4 opinions
- Voightman & Co. v. Southern Railway Co.Tennessee Supreme Court · 1910
- International Heating & Air Conditioning Corp. v. Rich Construction Co.Massachusetts Supreme Judicial Court · 1977
- Lock Joint Pipe Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1954
- Brown & Haywood Co. v. TraneWisconsin Supreme Court · 1897