Ellinwood v. City of Worcester
Massachusetts Supreme Judicial Court
Petition, under the Pub. Sts. c. 191, to enforce a mechanic’s lien. At the trial in the Superior Court, without a jury, before Aldrich, J., it was admitted that a sub-contract to do mason-work and furnish labor and material, entered into by the petitioner with a contractor with the defendant city to build a schoolhouse, was an entire contract for the entire price of over $13,000; and that a balance of $794.50, claimed by the petitioner for labor only, was still due him, and…
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Petition, under the Pub. Sts. c. 191, to enforce a mechanic’s lien. At the trial in the Superior Court, without a jury, before Aldrich, J., it was admitted that a sub-contract to do mason-work and furnish labor and material, entered into by the petitioner with a contractor with the defendant city to build a schoolhouse, was an entire contract for the entire price of over $13,000; and that a balance of $794.50, claimed by the petitioner for labor only, was still due him, and was less in amount than the value of the labor performed or furnished by him in carrying out his sub-contract. The only…
1Opinion of the Court
Knowltoít, J.
Prior to the passage of the St. of 1872, c. 318, under an entire contract to furnish both labor and materials in the erection of a building on real estate, to be paid for at an entire price, no lien attached for the labor unless a lien was also secured for the materials before furnishing them by giving notice in writing to the owner, if the owner was not the purchaser, that the contractor intended to claim a lien for materials. Pub. Sts. c. 191, § 3. Felton v. Minot, 7 Allen, 412.
The St. of 1872, c. 318, § 1, (Pub. Sts. c. 191, § 2,) provides that under such a contract a lien for…
2Cases cited1 opinion
- Hurley v. LallyMassachusetts Supreme Judicial Court · 1890
3Cited by4 opinions
- Cook Borden & Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1936
- Gardner v. Inhabitants of WeymouthMassachusetts Supreme Judicial Court · 1892
- Devine v. ClarkMassachusetts Supreme Judicial Court · 1908
- French v. HusseyMassachusetts Supreme Judicial Court · 1893