Eastman v. Newman
Supreme Court of New Hampshire
Foreign Attachment. Facts found by the court. In August, 1879, Newman, by a parol contract, engaged to build for the trustees, Clough and Y oung, upon land owned by them, a dwelling-house, according to certain plans and specifications, furnishing all the labor and materials, for the sum of $1,600. The trustees were to own the house in equal shares.
Read the full summary
Foreign Attachment. Facts found by the court. In August, 1879, Newman, by a parol contract, engaged to build for the trustees, Clough and Y oung, upon land owned by them, a dwelling-house, according to certain plans and specifications, furnishing all the labor and materials, for the sum of $1,600. The trustees were to own the house in equal shares. The understanding at first was that each of the trustees would pay $100 a week until the whole sum should be paid, and that the work would be completed in eight weeks from its commencement; but this understanding was not carried out, either as to…
1Opinion of the CourtSmith, J.
Neither of tbe plaintiffs having given notice in writing to tbe trustees that be should claim a lien for labor to be performed or materials to be furnished, has acquired any lien on tbe building. G. L., c. 139, s. 15. Tbe lien of tbe several plaintiffs on tbe funds in tbe bands of tbe trustees is determined by tbe priority of their respective attachments.
Tbe value of tbe lumber receipted for by Clough, and fixed in tbe receipt to the officer at §120, should be reckoned as paid by tbe trustees, and be deducted from tbe amount due to Newman, tbe lumber having been used in tbe construction of…
2Cited by2 opinions
- White v. Fernald-Woodward Co.Supreme Court of New Hampshire · 1911
- Bixby v. WhitcombSupreme Court of New Hampshire · 1899