Legal Opinion

Whitney v. Joslin

Massachusetts Supreme Judicial Court

Decided October 15, 1871PublishedCited by 5 opinions

Petition by Levi S. Whitney and two others to enforce a mechanics’ lien under the Gen. Sts. c. 150. At the trial in the superior court, before Dewey, J., it appeared that Peter Bourassa made a contract with the respondent’s husband, Ebenezer L. Joslin, to build a barn on her land; that Bourassa began the work, but abandoned it before it was finished; and that the petitioners, who were partners under the name of L. S. Whitney '& Sons, entered into a contract with the…

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Petition by Levi S. Whitney and two others to enforce a mechanics’ lien under the Gen. Sts. c. 150. At the trial in the superior court, before Dewey, J., it appeared that Peter Bourassa made a contract with the respondent’s husband, Ebenezer L. Joslin, to build a barn on her land; that Bourassa began the work, but abandoned it before it was finished; and that the petitioners, who were partners under the name of L. S. Whitney '& Sons, entered into a contract with the respondent, of which they signed the following memorandum : “ Agreement made and concluded July 6, 1870, by and between L. S.…

1Opinion of the CourtMobtost, J.

The petitioners claim a lien under their contract with the respondent, dated July 6,1870. By this contract, the respondent agrees to pay them $281 for work and materials already' furnished for the barn, upon the consideration that they shall pay all outstanding bills for such work and materials; and also to pay them for all materials used in the completion of the barn. We are of opinion that they cannot maintain a lien for the $281. If they ever had a lien for the materials furnished to Bourassa, they have waived it by the new contract. The enforcement of such lien is inconsistent with the…

2Cited by5 opinions

  1. Colter v. FreseIndiana Supreme Court · 1873
  2. Abbott v. NashSupreme Court of Minnesota · 1886
  3. Marr v. Washburn & Moen Manufacturing Co.Massachusetts Supreme Judicial Court · 1896
  4. Taliaferro v. StevensonSupreme Court of New Jersey · 1895
  5. Reardon v. AshmanMassachusetts Supreme Judicial Court · 1914

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