Miller v. Batchelder
Massachusetts Supreme Judicial Court
Petition under the Gen. Sts. c. 150, to enforce a lien for labor performed and materials furnished in the construction of two houses. Trial in the Superior Court before Bacon, J., who allowed a bill of exceptions in substance as follows : The plaintiffs offered evidence tending to show that a contract was made with D. D. Adams, to paint the inside woodwork of certain houses in Boston, for a sum stated, Adams to find all the materials.
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Petition under the Gen. Sts. c. 150, to enforce a lien for labor performed and materials furnished in the construction of two houses. Trial in the Superior Court before Bacon, J., who allowed a bill of exceptions in substance as follows : The plaintiffs offered evidence tending to show that a contract was made with D. D. Adams, to paint the inside woodwork of certain houses in Boston, for a sum stated, Adams to find all the materials. While the work was being performed, the petitioners, at the request of Adam.s, made a proposal in writing to paint the inside walls of the house for a sum…
1Opinion of the CourtEndicott, J.
Upon the facts reported the petitioners were engaged in a continuous service or employment on the houses of the respondents. This service was rendered under three several agreements. The first was to perform labor, as painters on certain portions of the houses, the owner to furnish the materials ; the second to perform labor and furnish materials in painting the inside walls of the houses. Both these agreements were in writing. The third was an oral agreement, made while the work under the others was in progress, to put up mouldings and borders on the inside walls, when painted; and was…
2Cited by13 opinions
- Peerless Unit Ventilation Co. v. D'Amore Construction Co.Massachusetts Supreme Judicial Court · 1933
- Hensel v. JohnsonCourt of Appeals of Maryland · 1902
- Massachusetts Gas & Electric Light Supply Co. v. Rugo Construction Co.Massachusetts Supreme Judicial Court · 1947
- Jefferson Plumbers & Mill Supply Co. v. PeeblesSupreme Court of Alabama · 1916
- Albright v. SmithSouth Dakota Supreme Court · 1892
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