Donnelly v. Butler
Massachusetts Supreme Judicial Court
Petition, filed in the Superior Court on March 5, 1910, and afterwards amended, under R. L. c. 197, § 10, to enforce a mechanic’s lien for labor on a certain lot of land and a three story building thereon in Chicopee belonging to the respondent Butler. The case was referred to Luther White, Esquire, as auditor, and afterwards was heard by Jenney, J., without a jury, upon the auditor’s report and oral testimony. The material facts are stated in the opinion.
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Petition, filed in the Superior Court on March 5, 1910, and afterwards amended, under R. L. c. 197, § 10, to enforce a mechanic’s lien for labor on a certain lot of land and a three story building thereon in Chicopee belonging to the respondent Butler. The case was referred to Luther White, Esquire, as auditor, and afterwards was heard by Jenney, J., without a jury, upon the auditor’s report and oral testimony. The material facts are stated in the opinion. The petitioner asked the judge to make the following rulings: “1. That there is no inaccuracy in the statement describing the property to…
1Opinion of the CourtBraley, J.
The petitioner’s agreement made with the principal contractor, rightfully acting for the respondent Butler, the owner of the premises, called for the furnishing of the labor and *43materials necessary for the plumbing, heating, and piping of the building for gas and water, at an entire price. No notice having been given to the owner as provided by R. L. c. 197, § 3, a lien for materials did not attach, and, the petitioner having substantially completed his part of the work, as found by the auditor, seeks to enforce a lien for labor only under § 2.
A mechanic’s lien being a creature of statute,…
2Cases cited12 opinions
- Carnes v. HowardMassachusetts Supreme Judicial Court · 1902
- Carberry v. Inhabitants of SharonMassachusetts Supreme Judicial Court · 1896
- Orr v. FullerMassachusetts Supreme Judicial Court · 1899
- Vickery v. RichardsonMassachusetts Supreme Judicial Court · 1905
- Patrick v. SmithMassachusetts Supreme Judicial Court · 1876
7 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- City of Marlborough v. PoorvuMassachusetts Supreme Judicial Court · 1940
- Hobart v. TowleMassachusetts Supreme Judicial Court · 1915
- Erne v. Goshen Veneer, Inc.Oregon Supreme Court · 1968
- Bordier v. DavisMassachusetts Supreme Judicial Court · 1921
- McCrory v. AdamsMassachusetts Supreme Judicial Court · 1914