Carew v. Stubbs
Massachusetts Supreme Judicial Court
Petition to enforce a mechanic’s lien, under the Pub. Sts. c. 191, for labor and materials furnished in the erection of a house in Boston. The case was submitted to the Superior Court, and, after judgment for the respondent, to this court, on appeal, upon agreed facts, in substance as follows.
Read the full summary
Petition to enforce a mechanic’s lien, under the Pub. Sts. c. 191, for labor and materials furnished in the erection of a house in Boston. The case was submitted to the Superior Court, and, after judgment for the respondent, to this court, on appeal, upon agreed facts, in substance as follows. On or about January 10, 1889, one Nason, then the owner of a parcel of land in Boston, entered into an agreement, under seal, dated December 28, 1888, with the respondent Stubbs, by the terms of which Nason agreed to sell and. the respondent to buy a lot of land in Boston, the respondent to begin the…
1Opinion of the CourtLathrop, J.
The first question which has been argued in this case is whether Stubbs had, by his contracts with Hayes and Carew, any authority to create a lien upon the estate which Nason then held in the land. We have no doubt that he had such authority. On January 10, 1889, Nason and Stubbs entered into an agreement1, dated December 28, 1888, by the terms of which Nason agreed to advance to Stubbs $9,000 for the purpose of building a house on a lot of land then owned by Nason. Stubbs was to begin the house on January 5, 1889, and Nason was to convey it to him when the foundations thereof were in, taking…
2Cases cited8 opinions
- Batchelder v. RandMassachusetts Supreme Judicial Court · 1875
- Dunklee v. CraneMassachusetts Supreme Judicial Court · 1870
- Hilton v. MerrillMassachusetts Supreme Judicial Court · 1871
- Smith v. NorrisMassachusetts Supreme Judicial Court · 1876
- Gale v. BlaikieMassachusetts Supreme Judicial Court · 1879
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Gray v. McClellanMassachusetts Supreme Judicial Court · 1913
- Faber v. MuirCourt of Appeals of Texas · 1901
- Roxbury Painting & Decorating Co. v. NuteMassachusetts Supreme Judicial Court · 1919
- Courtemanche v. Blackstone Valley Street Railway Co.Massachusetts Supreme Judicial Court · 1898
- Edwards & McCulloch Lumber Co. v. MosherWisconsin Supreme Court · 1894
9 more not listed; retrieve them via the Exa API.