RUSSELL v. WOODBURY

No. 91-108.

135 N.H. 432 (1992)

RICHARD RUSSELL d/b/a MAINE MECHANICAL v. MARK AND KAREN WOODBURY

Supreme Court of New Hampshire.

April 2, 1992.


Attorney(s) appearing for the Case

Hibbard & Spinella P.A., of Concord (Frank P. Spinella, Jr., on the brief and orally), for the plaintiff.

Mulvey, Noucas & Cornell P.A., of Portsmouth (Lori Armbrust Howell on the brief and orally), for the defendants.


JOHNSON, J.

The defendants, Mark and Karen Woodbury, appeal from a ruling by the Portsmouth District Court (Coffey, S.J.) that the plaintiff, Maine Mechanical, could recover $5,020 under a mechanic's lien on the Woodburys' home. For the reasons that follow, we reverse.

The parties stipulated to the following facts. On September 29, 1989, Lambert Realty Ltd. (the general or principal contractor) entered into a contract to build the Woodburys' home for...

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