Wahlstrom v. Trulson
Massachusetts Supreme Judicial Court
Petition, by Charly Wahlstrom, Carl Bergman, and William Lambstrom, copartners as Charly Wahlstrom and Company, to enforce a mechanic’s lien, under Pub. Sts. c. 191, for labor performed by the petitioners upon a house belonging to the respondent. Trial in the Superior Court, before Aldrich, J., after whose death a bill of exceptions was allowed by GrasMll, J., in substance as follows.
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Petition, by Charly Wahlstrom, Carl Bergman, and William Lambstrom, copartners as Charly Wahlstrom and Company, to enforce a mechanic’s lien, under Pub. Sts. c. 191, for labor performed by the petitioners upon a house belonging to the respondent. Trial in the Superior Court, before Aldrich, J., after whose death a bill of exceptions was allowed by GrasMll, J., in substance as follows. It appeared in evidence that the respondent made a written contract with one Samuel Harris to build a house, in accordance with plans and specifications, for an entire sum, the contractor to provide all the…
1Opinion of the CourtLathrop, J.
The exceptions in this case are to the refusal of the court to give certain instructions requested; and no exceptions were taken to the charge of the presiding judge.
*4341. The first instruction requested was properly refused. A lien is given by the Pub. Sts. c. 191, § 1, to a person performing labor or furnishing materials which are actually used in the construction of a building, if such person acts by virtue of an agreement with the owner of the land, or by his consent, or the consent of any person having authority from or rightfully acting for such owner. The lien does not depend upon the…
2Cases cited3 opinions
- Bowen v. PhinneyMassachusetts Supreme Judicial Court · 1895
- Borden v. MercerMassachusetts Supreme Judicial Court · 1895
- Gannon v. ShepardMassachusetts Supreme Judicial Court · 1892
3Cited by3 opinions
- Vickery v. RichardsonMassachusetts Supreme Judicial Court · 1905
- Perry v. PotashinskiMassachusetts Supreme Judicial Court · 1897
- Reardon v. AshmanMassachusetts Supreme Judicial Court · 1914