Legal Opinion

Nicholson v. . Nichols

Supreme Court of North Carolina

Decided September 5, 1894PublishedCited by 4 opinions

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

  1. Weir v. . PageSupreme Court of North Carolina · 1891
  2. Thompson v. . TaylorSupreme Court of North Carolina · 1892

3Cited by4 opinions

  1. Weathers v. . CoxSupreme Court of North Carolina · 1912
  2. Honeycutt v. . Kenilworth Development Co.Supreme Court of North Carolina · 1930
  3. Potter v. DavidsonOregon Supreme Court · 1933
  4. Porter v. . CaseSupreme Court of North Carolina · 1924

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