Adams & Powers Co. v. Seder

This is a bill in equity under G. L. c. 254 to enforce a hen for materials furnished to a bankrupt for the erection of a house on his land. The contract, which is dated July 26, 1923, contains no date for completion of delivery, but prior to the erection of the house the parties orally agreed that the contract should be completed on or before February 1,1924, and a notice so stating was recorded in the registry of deeds August 1, 1923. The contract accordingly rested partly in writing and partly in paroi. Davis v. Cress, 214 Mass. 379, 382. It is settled, however, that trader §§ 2, 3, of the…