Burke v. Coyne
Massachusetts Supreme Judicial Court
Petition, filed March 26,1902, under R. L. c. 197, to establish a lien to the amount of $698.37 on a three apartment house of the defendant on Hoi worthy Street in Cambridge for labor performed and materials furnished in doing the plumbing work for the building under a contract between the petitioner and the respondent requiring compliance with certain plans and specifications.
Read the full summary
Petition, filed March 26,1902, under R. L. c. 197, to establish a lien to the amount of $698.37 on a three apartment house of the defendant on Hoi worthy Street in Cambridge for labor performed and materials furnished in doing the plumbing work for the building under a contract between the petitioner and the respondent requiring compliance with certain plans and specifications. In the Superior Court the case was tried before Bell, J. Seven issues to the jury were framed, the first three of which only are material to the exceptions. Those issues with the answers of the jury were as follows:…
1Opinion of the CourtBraley, J.
If the petitioner had fully performed the entire contract made with the respondent he could have established a lien for labor performed and for labor and materials furnished under it. But the parties were at issue over this question. While the petitioner contended that he had fully carried out his agreement, the respondent contended that there had been a failure to substantially complete it in good faith, because of *403a wilful variation from the plans and specifications in many particulars.
The issues framed to cover this dispute were not sufficiently full. ’ For the distinction is apparent…
2Cases cited12 opinions
- Gillis v. CobeMassachusetts Supreme Judicial Court · 1901
- Wiley v. Inhabitants of AtholMassachusetts Supreme Judicial Court · 1890
- Cullen v. SearsMassachusetts Supreme Judicial Court · 1873
- Homer v. ShawMassachusetts Supreme Judicial Court · 1900
- McCue v. WhitwellMassachusetts Supreme Judicial Court · 1892
7 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Bowen v. KimbellMassachusetts Supreme Judicial Court · 1909
- Glazer v. SchwartzMassachusetts Supreme Judicial Court · 1931
- Russo v. Charles I. Hosmer, Inc.Massachusetts Supreme Judicial Court · 1942
- Wiebener v. PeoplesSupreme Court of Oklahoma · 1914
- Buttrick Lumber Co. v. CollinsMassachusetts Supreme Judicial Court · 1909
21 more not listed; retrieve them via the Exa API.