Legal Opinion

Gale v. Blaikie

Massachusetts Supreme Judicial Court

Decided July 1, 1880PublishedCited by 8 opinions

Petition, under the Gen. Sts. e. 150, to enforce a mechanic’s hen for materials furnished in the erection of a building in Cambridge.

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Petition, under the Gen. Sts. e. 150, to enforce a mechanic’s hen for materials furnished in the erection of a building in Cambridge. After the former decision, reported 126 Mass. 274, the case was tried in the Superior Court, without a jury, before Gardner, J., who reported the case for the determination of this court, in substance as follows : It- appeared that-, m December 1875, the petitioners agreed verbally with Blaikie, one of the respondents, then the owner of the land described in the petition, to furnish all the lumber and material required in the erection of the building in…

1Opinion of the CourtSoule, J.

The Gen. Sts. c. 150, give to any person to whom a debt is due for materials furnished and actually used in the erection, alteration or repair of a building on real estate, by virtue of an agreement with or by consent of the owner; a lien on the building and on the interest of the owner thereof in the *209lot of land on which it is situated, to secure the payment of the debt so due. § 1. But such lien is dissolved and lost, unless the person desiring to avail himself of it files in the office of the clerk of the city or town a statement of a just and true account of the amount due him, within…

2Cited by8 opinions

  1. Bay State Dredging & Contracting Co. v. W. H. Ellis & Son Co.Massachusetts Supreme Judicial Court · 1920
  2. General Fire Extinguisher Co. v. ChaplinMassachusetts Supreme Judicial Court · 1903
  3. International Heating & Air Conditioning Corp. v. Rich Construction Co.Massachusetts Supreme Judicial Court · 1977
  4. Mammoet Usa, Inc. v. Entergy Nuclear Generation Co.Massachusetts Appeals Court · 2005
  5. Brown & Haywood Co. v. TraneWisconsin Supreme Court · 1897

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