Banks v. Moshier
Supreme Court of Connecticut
Action to foreclose a mechanic's lien, brought to the Superior Court in Fairfield County and tried to the court, Shumway, J.; facts found and judgment rendered for the plaintiffs, and appeal by the defendants for alleged errors in the rulings of. the court.
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Action to foreclose a mechanic's lien, brought to the Superior Court in Fairfield County and tried to the court, Shumway, J.; facts found and judgment rendered for the plaintiffs, and appeal by the defendants for alleged errors in the rulings of. the court. The complaint alleged that the plaintiffs had furnished materials and rendered services, in the erection of a building upon the defendants’ land, to the amount of $654.10, under an agreement with one Campbell, who was constructing said building for the defendants. It further stated the dates when the plaintiffs commenced and ceased to so…
1Opinion of the CourtHall, J.
The only question presented by this appeal is whether, under the reply to the second defense, evidence was admissible in rebuttal to. prove' that by reason of changes from the original plans and specifications, the original contractor, Campbell, was entitled to receive, for all the labor and materials furnished in the construction of the building in question, a sum equal to the amount of the claimed lien over and above the price of $3,700 named in the written contract.
By § 3021 of the General Statutes, amended by Chap. 121 (p. 1052) of the Public Acts of 1899, the plaintiffs were not entitled…
2Cases cited1 opinion
- Sayles v. FitzgeraldSupreme Court of Connecticut · 1899
3Cited by2 opinions
- Pierce, Butler & Pierce Manufacturing Corp. v. EndersSupreme Court of Connecticut · 1934
- Lyon v. WilcoxSupreme Court of Connecticut · 1923