Hale v. Brown
Supreme Court of New Hampshire
AsSHMPSrT, to recover a balance due for cutting and hauling spruce lumber. Writ dated May 27, 1875, and attachment made on the following day. Facts found by a referee.
Read the full summary
AsSHMPSrT, to recover a balance due for cutting and hauling spruce lumber. Writ dated May 27, 1875, and attachment made on the following day. Facts found by a referee. On or about the 8th day of January, 1875, the defendants employed the plaintiff to cut and haul, from the Hanson lot to their steam saw-mill, all the spruce that he could thus cut and haul during that sledding season, after he had finished cutting and haulipg pine in fulfilment of his contract in writing with them, dated October 16, 1874, and agreed to pay him $5 per thousand feet for so doing. The plaintiff commenced to cut…
1Opinion of the CourtFoster, J.
I. The referee has determined the fact that the contract in relation to cutting and hauling the spruce lumber was “an entire continuous contract,” by which we understand him to mean a contract for an entire undertaking, to be commenced^ and continued until its completion. If the fact be so, the conclusion of the referee was correct, that the plaintiff’s lien, if he had any, extended to the whole of the spruce lumber, as security for the balance due him for cutting and hauling it, a portion of the entire contract, continuous labor, having been performed within sixty days prior to the…
2Cases cited6 opinions
- Winder v. CaldwellSupreme Court of the United States · 1853
- Aikin v. . WassonNew York Court of Appeals · 1862
- Balch v. . N.Y. and Oswego Midland R.R. Co.New York Court of Appeals · 1871
- Ericsson v. BrownNew York Supreme Court · 1862
- McCrillis v. WilsonSupreme Judicial Court of Maine · 1852
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Van Zandt v. Fort Worth PressTexas Supreme Court · 1962
- Delhi Pipeline Corporation v. Lewis, Inc.Court of Appeals of Texas · 1966
- Ellis v. Candia Trailers & Snow Equipment, Inc.Supreme Court of New Hampshire · 2012
- Kendall v. PickardSupreme Court of New Hampshire · 1893
- Delhi Pipeline Corporation v. Lewis, Inc.Court of Appeals of Texas · 1966
1 more not listed; retrieve them via the Exa API.