Tracy v. Wetherell
Massachusetts Supreme Judicial Court
Petition, under Pub. Sts. c. 191, to enforce a mechanic’s lien against John H. Wetherell and Jacob H. McLeod. The case was submitted to the Superior Court, and, after judgment for the respondent, to this court, on appeal, upon agreed facts, in substance as follows.
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Petition, under Pub. Sts. c. 191, to enforce a mechanic’s lien against John H. Wetherell and Jacob H. McLeod. The case was submitted to the Superior Court, and, after judgment for the respondent, to this court, on appeal, upon agreed facts, in substance as follows. The respondent McLeod, who was a builder, made, early in 1893, a contract with the respondent Wetherell to build a dwelling-house for the latter, on his land described in the petition, for a fixed price, the inside finish of which was to be like that of a certain other house then owned by Wetherell. About July 1, 1893, McLeod made…
1Opinion of the CourtHolmes, J.
The contract under which the petitioners were to “furnish and deliver” certain articles of wood-work for a-house, “all prepared” in shapes like those in another house, even if it necessitated special manufacture and called for things not to be found in the market, which does not appear, would have been satisfied by a delivery of those articles by whomsoever prepared. However likely it may have been that the petitioners would have to prepare the things themselves, the contract did not require them to do so. This being so, the contract was a contract for materials only, and not a contract for…
2Cases cited4 opinions
- Goddard v. BinneyMassachusetts Supreme Judicial Court · 1874
- Bacon v. ParkerMassachusetts Supreme Judicial Court · 1884
- Webster v. Real Estate Improvement Co.Massachusetts Supreme Judicial Court · 1886
- Donaher v. City of BostonMassachusetts Supreme Judicial Court · 1879
3Cited by7 opinions
- Jesse F. Heard & Sons v. Southwest Steel ProductsLouisiana Court of Appeal · 1960
- Daley v. LegateMassachusetts Supreme Judicial Court · 1897
- Rudolph Hegener Co. v. FrostIndiana Court of Appeals · 1915
- Eagle Paper Box Co. v. Gatti-McQuade Co.Appellate Terms of the Supreme Court of New York · 1917
- Scannell v. Hub Brewing Co.Massachusetts Supreme Judicial Court · 1901
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