Poirier v. Desmond
Massachusetts Supreme Judicial Court
Petition, to enforce a mechanic’s lien under Pub. Sts. c. 191. The case was submitted to the Superior Court, and, after the establishment of the lien, to this court, on appeal, upon agreed facts, in substance as follows.
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Petition, to enforce a mechanic’s lien under Pub. Sts. c. 191. The case was submitted to the Superior Court, and, after the establishment of the lien, to this court, on appeal, upon agreed facts, in substance as follows. The petitioner and the respondent entered into an agreement for labor and materials required to make certain changes and additions in and on the respondent’s dwelling-house, situated upon a lot of land in New Bedford owned by the respondent, and into two supplementary agreements for further labor and materials for said building. The work and materials performed and furnished…
1Opinion of the CourtKnowlton, J.
The respondent concedes that the petitioner can maintain his lien unless by his original contract in writing he waived his right to claim a lien, or estopped himself from *203enforcing it. Among thé stipulations for payment by the respondent were the following: “ The said Desmond agrees to pay to the said Poirier, upon certificate of said architect that the terms of this contract are complied with, and upon sufficient evidence that all claims upon the building for work or materials up to the time of payment are discharged, the sum of fifteen hundred seventy-five and 40-100 dollars in manner…
2Cited by1 opinion
- Girouard v. JasperMassachusetts Supreme Judicial Court · 1914