Legal Opinion

Scannell v. Hub Brewing Co.

Massachusetts Supreme Judicial Court

Decided March 2, 1901PublishedCited by 8 opinions

Petition to establish a mechanic’s lien upon the respondent’s brewery and the land on which it stands, at Roxbury in Boston, to secure payment of a claim of $5,663.02, with interest thereon, alleged to be due for labor and materials performed and furnished in the erection of said brewery from April 28 to November 8, 1898, inclusive, filed February 6, 1899. At the trial in the Superior Court, before Bond, J., the following facts appeared: The labor and materials were…

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Petition to establish a mechanic’s lien upon the respondent’s brewery and the land on which it stands, at Roxbury in Boston, to secure payment of a claim of $5,663.02, with interest thereon, alleged to be due for labor and materials performed and furnished in the erection of said brewery from April 28 to November 8, 1898, inclusive, filed February 6, 1899. At the trial in the Superior Court, before Bond, J., the following facts appeared: The labor and materials were furnished under an entire contract between the petitioners and one Adolph Segal. The respondent admitted that said Segal had…

1Opinion of the CourtHolmes, C. J.

This is a petition to establish a lien for labor furnished under an entire contract for labor and material made with one Segal by the respondent’s consent. Pub. Sts. c. 191, § 2. The entire contract price was §8,300. The value of the *292labor was $5,663.02. There had been paid generally upon the contract $2,000 before the beginning of proceedings to assert their lien by the petitioners, and in the statement of their account and in their petition as originally filed, half this sum was credited upon the amount due for labor. At the trial the petitioners were allowed to amend their petition by…

2Cases cited10 opinions

  1. Mills v. Taunton Savings BankMassachusetts Supreme Judicial Court · 1890
  2. Turner v. WentworthMassachusetts Supreme Judicial Court · 1876
  3. Driscoll v. HoltMassachusetts Supreme Judicial Court · 1898
  4. Allen v. MooneyMassachusetts Supreme Judicial Court · 1881
  5. Daley v. LegateMassachusetts Supreme Judicial Court · 1897

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3Cited by8 opinions

  1. Timber Structures, Inc. v. C. W. S. Grinding & MacHine WorksOregon Supreme Court · 1951
  2. Baker v. Yakima Valley Canal Co.Washington Supreme Court · 1913
  3. Vickery v. RichardsonMassachusetts Supreme Judicial Court · 1905
  4. Independent Meat Co. v. Crane Co.Arizona Supreme Court · 1919
  5. E. Corey Co. v. H. P. Cummings Construction Co.Supreme Judicial Court of Maine · 1919

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