Patch v. Collins
Massachusetts Supreme Judicial Court
Bill in equity, to restrain the defendant from enforcing a mechanic’s lien by the sale of the premises, or otherwise, so far as the same was claimed for a certain sum tendered to the defendant and declined by him. The defendant demurred for want of equity. In the Superior Court the demurrer was sustained, and the bill was dismissed; and the plaintiffs appealed to this court. The facts appear in the opinion.
1Opinion of the CourtLathrop, J.
We see no ground upon which this bill can be maintained. The defendant made a sub-contract to furnish the materials and labor necessary in the mason-work of the house of the first named plaintiff, for the sum of nine hundred and twenty-five dollars. The bill does not set forth when this amount was payable, but we assume that it was when the work was done. Subsequently he received three hundred dollar’s from the general contractor, which he applied to the payment for the materials. Rome months later, when the principal sum was coming due from the plaintiff to the general contractor, she…
2Cited by3 opinions
- Schayer v. Commonwealth Loan Co.Massachusetts Supreme Judicial Court · 1895
- Thompson v. BartlettSupreme Court of New Hampshire · 1901
- Katersky v. Humphrey Co., Inc.Supreme Court of Rhode Island · 1928