Nicholson v. . Nichols
Supreme Court of North Carolina
This was a civil actioN to enforce a mechanic’s lien, tried upon appeal from a Justice’s Court, before Hoke, J., and a jury, at the Special Term, 1894, of the Superior Court of Alamance County. The plaintiff claimed that the defendant was indebted to him in the sum of $45, and interest thereof from January 1, 1893, due for work and labor done and for material furnished in the erection of an ell to defendant’s house, under a contract with the defendant.
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This was a civil actioN to enforce a mechanic’s lien, tried upon appeal from a Justice’s Court, before Hoke, J., and a jury, at the Special Term, 1894, of the Superior Court of Alamance County. The plaintiff claimed that the defendant was indebted to him in the sum of $45, and interest thereof from January 1, 1893, due for work and labor done and for material furnished in the erection of an ell to defendant’s house, under a contract with the defendant. The defendant denied that he had contracted with plaintiff for the construction of said ell. The following issues were submitted to the jury :…
1Opinion of the Court
Pee. Cueiam :
It is well settled that there can be no lien in cases of this character, unless the work was done or materials furnished under a contract either express or implied. Weir v. Page, 109 N. C., 220; Thompson v. Taylor, 110 N. C., 70. There is no evidence of any such contract in this case.
Affirmed.
2Cases cited2 opinions
- Weir v. . PageSupreme Court of North Carolina · 1891
- Thompson v. . TaylorSupreme Court of North Carolina · 1892
3Cited by4 opinions
- Weathers v. . CoxSupreme Court of North Carolina · 1912
- Honeycutt v. . Kenilworth Development Co.Supreme Court of North Carolina · 1930
- Potter v. DavidsonOregon Supreme Court · 1933
- Porter v. . CaseSupreme Court of North Carolina · 1924