Sprague v. McDougall
Massachusetts Supreme Judicial Court
Petition to enforce a mechanic’s lien, under Pub. Sts. c. 191, for materials furnished in the erection of a house and barn on land of the respondent McDougall in Newton. Trial in the Superior Court, without a jury, before Richardson, J., who found for the petitioners; and the respondent mortgagees alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtBarker, J.
The exception founded on the date of the last two debits having been waived, the only question for decision is *554that raised by the request for a ruling that the pleadings and evidence do not show a ground for maintaining the lien. In support of the exception the only contentions made are that the materials charged for in the last two items of the account were not furnished under the same contract with the materials charged for in the earlier items, and next that the contract under which the materials were furnished was not such a contract as would give the petitioners a lien as against a…
2Cases cited3 opinions
- Batchelder v. HutchinsonMassachusetts Supreme Judicial Court · 1894
- Dodge v. HallMassachusetts Supreme Judicial Court · 1897
- Buck v. HallMassachusetts Supreme Judicial Court · 1898
3Cited by2 opinions
- Van Wart v. ReesSupreme Judicial Court of Maine · 1914
- Taylor v. Springfield Lumber Co.Massachusetts Supreme Judicial Court · 1901