Norton v. Clark
Supreme Judicial Court of Maine
On motion and exceptions. This was an action to enforce a lien under K,. S., c. 91, § 30. The suit was brought by the party furnishing labor and materials against the builder or contractor, who is in insolvency, and the building and land on which it stands.
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On motion and exceptions. This was an action to enforce a lien under K,. S., c. 91, § 30. The suit was brought by the party furnishing labor and materials against the builder or contractor, who is in insolvency, and the building and land on which it stands. The presiding justice in his charge to the jury, among other things, instructed them as follows, viz : " I instruct you that when the owner of the land and buildings erected contracts with the builder, as in the present case, to construct a house upon the owner’s land, and the builder employs workmen and contracts for materials entering…
1Opinion of the CourtEmery, J.
Under our Statute of Liens, R. S., ch. 91, the claimant of a lien for labor or material performed or furnished in erecting a building, must establish as a proposition of fact that he performed or furnished the labor or material, either by virtue of a contract with the owner of the building, or by the consent of such owner. In these cases before us, the plaintiff sought to establish the alternative fact, viz : that the labor and materials were performed and furnished by the consent of the owner.
He performed and furnished the labor and material at the request of one Clark, the defendant. At the…
2Cited by16 opinions
- Winslow Bros. v. McCully Stone Mason Co.Supreme Court of Missouri · 1902
- Bangor Roofing & Sheet Metal Co. v. Robbins Plumbing Co.Supreme Judicial Court of Maine · 1955
- Arizona Eastern Railroad v. Globe Hardware Co.Arizona Supreme Court · 1913
- Boulia-Gorrell Lumber Co. v. East Coast Realty Co.Supreme Court of New Hampshire · 1929
- Baldwin Locomotive Works v. Edward Hines Lumber Co.Indiana Supreme Court · 1919
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