Davis v. Humphrey
Massachusetts Supreme Judicial Court
Petition to enforce a mechanic’s lien for labor performed and for materials furnished and used in the erection of a house. The respondent Humphrey was defaulted. Edwin B. Goodwin and James Converse, the other respondents, defended the action.
Read the full summary
Petition to enforce a mechanic’s lien for labor performed and for materials furnished and used in the erection of a house. The respondent Humphrey was defaulted. Edwin B. Goodwin and James Converse, the other respondents, defended the action. Trial in the Superior Court, before Brigham, C. J. It was agreed that Humphrey made a contract with the petitioner, about the middle of September, 1871, for the erection of a house, on land of which Humphrey then held a bond from Goodwin for a deed; that Goodwin then held the title to the land, and held it from that time to December 12,1871, when he…
1Opinion of the CourtEndicott, J.
The petitioner in September, 1871, made a contract with Humphrey to do the wood work, and furnish the necessary material therefor, upon a brick house, in process of erection on land the legal title to which was in Goodwin. Work was commenced under this contract some time before October 30. Humphrey at that time held a bond for a deed of the land from Goodwin, and under our decisions no lien would attach to the land under such contract, unless the building was erected or the work done with the consent of Goodwin. Hayes v. Fessenden, 106 Mass. 228.
This question was submitted to the jury, and…
2Cases cited2 opinions
- Hayes v. FessendenMassachusetts Supreme Judicial Court · 1870
- Hilton v. MerrillMassachusetts Supreme Judicial Court · 1871
3Cited by11 opinions
- Gordon v. RichardsonMassachusetts Supreme Judicial Court · 1904
- Shapleigh v. HullSupreme Court of Colorado · 1895
- Roxbury Painting & Decorating Co. v. NuteMassachusetts Supreme Judicial Court · 1919
- Courtemanche v. Blackstone Valley Street Railway Co.Massachusetts Supreme Judicial Court · 1898
- Edwards & McCulloch Lumber Co. v. MosherWisconsin Supreme Court · 1894
6 more not listed; retrieve them via the Exa API.