Reports of Cases Argued and Determined in the Supreme Court of Tennessee Volume 113

Reports of Cases Argued and Determined in the Supreme Court of Tennessee Volume 113

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1905 edition. Excerpt: ...or owning or operating a railroad within this State, and all persons who shall furnish ties, fuel, bridges or material to such railroad company, shall ' have for the work done and labor performed and for the material furnished, a lien," etc. The question under consideration has been before the S New York courts. Haza/rd Powder Company v. Byrnes, 21 How. Prac., 189. The statute of New York provides that any person who shall, in conformity with the terms of the contract between the owner and contractor, furnish to the contractor any materials in building any house or building shall have a lien on the improvement. In the case above cited the plaintiff claimed a lien for powder and fuses furnished the contractor for the purpose of blasting rock preparatory to laying the foundation walls for the defendant's building. In delivering the opinion of the court, Judge Hilton said: "I think that the fair and reasonable interpretation Powder Co. v. Railroad. of such language is that the right of a lien extends to all such materials as ordinarily enter into or are used in the construction of buildings, and which are in the express or implied terms of the building contract made between the owner and contractor. Wood v. Donaldson, 17 Wend., 550; McDermott v. Palmer, 8 N. Y., 383. Here the contract imposed upon the builder the duty of removing rocks from the surface of the land preparatory to laying the foundation walls, and hence the powder and fuses furnished became necessary for the purpose of blasting the rock and enabling the contractor to construct the contemplated building. Such materials, when thus impliedly contracted for, and actually furnished and used, must, I think, be classed within the list of things which are more

Product details

  • Paperback | 194 pages
  • 189 x 246 x 10mm | 354g
  • United States
  • English
  • black & white illustrations
  • 1236979346
  • 9781236979346