Robison v. Thatcher

Defendant home-owner appeals from a decree foreclosing a mechanic’s lien.

The work for which the lien was claimed consisted of excavation preparatory to the construction of a dwelling house. The contract provided for excavation of a basement 52 feet by 28 feet, to a planned depth of eight feet or “to solid rock, whichever is first encountered.” Surface rock was found on the building site. Accordingly, when the parties agreed to a contract price for the excavation, the price was conditioned upon the expectation that solid rock would not be encountered. They apparently agreed that if solid rock…