(Download) "Marshall v. Mathieu Et Al." by Kennebec Supreme Court of Maine # Book PDF Kindle ePub Free
eBook details
- Title: Marshall v. Mathieu Et Al.
- Author : Kennebec Supreme Court of Maine
- Release Date : January 14, 1948
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
The defendants Yvonne Mathieu and David Mathieu, her husband, prosecute the present appeal against a decision rendered against them, and another, on a Bill in Equity brought to enforce a lien claimed by the plaintiff on land and buildings belonging to the wife. The process names the tenant of one of the buildings, who operated a restaurant therein, as the third defendant, and alleges that the plaintiff furnished labor and materials in erecting, constructing, altering and repairing that building under a contract with all three defendants. The decision negatives such a contract. Its recitals that the third defendant, Cora Maheu Poilliot (named as Cora Maheu), is indebted to the plaintiff in a named sum and that the plaintiff has a lien on the land and buildings for a lesser one indicates factual findings that the plaintiff was employed to do all the work by Mrs. Poilliot alone and that lienable labor and materials for a part of it were furnished with the consent of the owner of the property. That is all the lien statute, cited infra, requires. An exception to an evidence ruling in the Trial Court, perfected in the Bill of Exceptions, was waived at oral argument. A statement of the amount claimed as a lien was filed pursuant to the requirements of the statute, showing charges for labor and materials amounting to $1,172.34 and a balance due of $872.34. The award of $722.34 and costs of $25.00, a total of $747.34, eliminates items aggregating $132 applicable to labor and materials used in the construction of tables for the restaurant, and $18 which is said to have been duplicated in the statement. The larger amount is made up of $42 for materials and $90 for labor, charged respectively on April 15 and April 20, 1946. An additional $3 is charged for trucking on the latter date. These are the last items in the account except a labor charge of $3 on May 15, 1946 and $222.21 paid for materials on the same date. The materials must have been used on or prior to April 15th because all subsequent labor charges, except that on May 15th, were for work done in constructing the tables. There is some confusion in the evidence as to the labor to which the May 15th item is applicable. The plaintiff testified, apparently after reference to some record or account book, that it was two hours' work devoted to setting up a fan and counter. The evidence of the employee to whom it was paid is that it was putting a fan in over the electric grill and cutting a hole through the wall of the building for the purpose, at a place which had been ""framed in"" earlier, obviously on or before April 15th. The fan was not furnished by the plaintiff. It was the property of the defendant who operated the restaurant and had been in the hands of an electrician for repairs when the building was prepared for its installation.
 "Marshall v. Mathieu Et Al." by Kennebec Supreme Court of Maine # Book PDF Kindle ePub Free){kind=link}