Mitchell v. Packard
Massachusetts Supreme Judicial Court
Petition by an architect to enforce a lien, under Pub. Sts. c. 191, for the preparation of plans and specifications, and for the supervision of the erection of a building.
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Petition by an architect to enforce a lien, under Pub. Sts. c. 191, for the preparation of plans and specifications, and for the supervision of the erection of a building. Hearing in the Superior Court, without a jury, before Dunbar, J., who found that the usual and ordinary charge for the services of an architect in the preparation of plans and specifications and the supervision of the erection of a building is five per cent upon the actual cost of the building, of which three and one half per cent is for the preparation of plans and specifications, and the remaining one and one half per…
1Opinion of the CourtKkowlton, J.
The questions presented by this case are, first, whether an architect, who has drawn plans and prepared specifications for the construction of five houses under a contract to draw the plans and specifications and supervise the construction of the houses, and who has supervised the construction of one of the houses until it was about half completed, and supervised the work of putting in the foundations of two of the others, involving an expenditure of about forty dollars upon one, and about fifteen dollars upon the other, can have a lien under the Pub. Sts. c. 191, for the whole amount due…
2Cases cited2 opinions
- Ericsson v. BrownNew York Supreme Court · 1862
- Raeder v. BensbergMissouri Court of Appeals · 1879
3Cited by13 opinions
- J. J. Henry Co., Inc. v. The United StatesUnited States Court of Claims · 1969
- Hammill-McCormick Associates, Inc. v. New England Telephone & Telegraph Co.Massachusetts Supreme Judicial Court · 1987
- Stephens v. . HicksSupreme Court of North Carolina · 1911
- Field v. Consolidated Mineral Water Co.Supreme Court of Rhode Island · 1903
- Libbey v. TiddenMassachusetts Supreme Judicial Court · 1906
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