A Treatise On The Mechanics Lien Law In The United States By Louis Houck

Author : Louis Houck
Publisher : Rarebooksclub.com
ISBN 13 : 9781230005911
Total Pages : 58 pages
Book Rating : 4.0/5 (59 download)

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Download or read book A Treatise on the Mechanics' Lien Law in the United States; by Louis Houck written by Louis Houck and published by Rarebooksclub.com. This book was released on 2013-09 with total page 58 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. 1869 edition. Excerpt: ...risk of the employer, whose real estate, under the law, is bound for the work of the contractor and master-mechanic, by adding, also, a Lien for the work of the laborer, with whom neither the owner nor contractor has contracted, and who is unknown to them, would interfere with the growth of the country, by interposing obstacles to the march of meritorious enterprise, and thus actually injure the workman himself." ( 6) Stevens et al. vs. Sawyers et al., 3 La. An. R. 429. ( e) Jobsen vs. Boden, 8 Penn. State R. 463. (d) St. of Ills. of 1855, p. 734, but see amendment of 1863, p. 179. ( e) Turcott vs. Hall, 8 Ala. R. 522. i(f) Holmes vs. Shands, 5 Cush. (Miss.) R. 40. g) The Toledo Novelty Works vs. Bernheimer, 8 Minn. R. 118.. 119. This reasoning cannot be applied to the subcontractor, who does a large share, perhaps all of the work. A SUB-CONTRACTOR may be defined as any one who, under contract, express or implied, performs all, or a certain part of the principal contract for another. His claim is for work, for which the original contractor would have had a Lien, had he performed it. His rights are secured in every state, except in Vermont, Illinois, (j) Iowa, and Michigan. In Connecticut, also, the sub-contractor has no Lien for his labor, nor the materialman for his materials, unless the owner or employer consents. (772) That the Mechanics' Lien law gives a Lien in favor of a sub-contractor at all, is contrary to the rule as to other Liens, for even a Vendor's Lien cannot be enforced in the name of an assignee. On what principle then, is it founded? It must be on a contract (h) Jobson vs. Boden, 8 Penn. Slate R. 465. In a Pennsylvania case, a master-bricklayer filed a claim, which was opposed on the ground that...