Legal Opinion

A. W. Burritt Co. v. Negry

Supreme Court of Connecticut

Decided January 6, 1909PublishedCited by 7 opinions

Action to foreclose a mechanic's lien, brought to and tried by the Superior Court in Fairfield County, Robinson, J.; facts found and judgment rendered for the plaintiff, and appeal by the defendant Negry. The defendant Negry, being the owner of a lot of land in Bridgeport, on the 15th of August, 1905, entered into- a written contract with Pilotti & Son, a firm of builders, as original contractors, to erect a building thereon.

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Action to foreclose a mechanic's lien, brought to and tried by the Superior Court in Fairfield County, Robinson, J.; facts found and judgment rendered for the plaintiff, and appeal by the defendant Negry. The defendant Negry, being the owner of a lot of land in Bridgeport, on the 15th of August, 1905, entered into- a written contract with Pilotti & Son, a firm of builders, as original contractors, to erect a building thereon. By the terms of the contract they were to be paid $3,620 therefor, in four payments, the first, of $1,000, to be made when all the outside work was done and roof ready…

1Opinion of the CourtThayer, J.

To preserve its lien, the plaintiff, as a subcontractor, was bound to give the defendant written notice that it had commenced to furnish materials for the construction of his building and intended to claim a lien therefor. It was bound to give this notice “after commencing, and not later than sixty days after ceasing, to furnish materials or render services.” General Statutes, § 4137. The statute gave the plaintiff the option to serve the notice at once, upon commencing to furnish the materials, or to delay it to any date not later than sixty days after ceasing to furnish them. It was clearly…

2Cases cited4 opinions

  1. Coit v. TracySupreme Court of Connecticut · 1831
  2. Hopkins v. ForresterSupreme Court of Connecticut · 1872
  3. Usher v. WaddinghamSupreme Court of Connecticut · 1892
  4. Cummings v. GleasonSupreme Court of Connecticut · 1900

3Cited by7 opinions

  1. H & S TORRINGTON ASSOCIATES v. Lutz Engineering Co.Supreme Court of Connecticut · 1981
  2. New Haven Orphan Asylum v. James A. Haggerty Co.Supreme Court of Connecticut · 1928
  3. J. L. Purcell, Inc. v. LibbeySupreme Court of Connecticut · 1930
  4. Kossover v. Willimantic Trust Co.Supreme Court of Connecticut · 1936
  5. Kelly v. AllingSupreme Court of Connecticut · 1911

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