Gogin v. Walsh
Massachusetts Supreme Judicial Court
Petition to enforce a mechanic’s lien for labor performed and materials furnished in the alteration and repair of a building in Boston.
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Petition to enforce a mechanic’s lien for labor performed and materials furnished in the alteration and repair of a building in Boston. At the trial in the Superior Court, without a jury, before Allen, J., it appeared in evidence that the defendant employed one Post to repair the building, and Post contracted with the petitioner to do the plastering, furnishing both labor and materials, for the entire sum of $270, of which $170 was to be paid when the first coat of plaster was put on. When the first coat was put on, Post absconded, having been overpaid by the defendant, and the defendant…
1Opinion of the CourtSoule, J.
The mechanic who furnished labor and materials in repairing or erecting a building, for an entire sum, under a contract with one not the owner of the premises on which the work was done, had no lien under the Gen. Sts. e. 150, for either labor or materials, unless he gave notice to the owner of his intention to claim a lien for the materials, before furnishing them. Morrison v. Minot, 5 Allen, 403. Brewster v. Wyman, 5 Allen, 405, note. To relieve the mechanic from, any hardship which this state of the law might expose him to, it is provided by the St. of 1872, o. 318, that a lien shall…
2Cited by8 opinions
- Friedman v. County of HampdenMassachusetts Supreme Judicial Court · 1910
- Moore v. EricksonMassachusetts Supreme Judicial Court · 1893
- Moore v. DuganMassachusetts Supreme Judicial Court · 1901
- Ellenwood v. BurgessMassachusetts Supreme Judicial Court · 1887
- French v. HusseyMassachusetts Supreme Judicial Court · 1893
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