NATIONAL LUMBER COMPANY v. M.G. MURPHY CONSTRUCTION COMPANY, INC.


1996 Mass. App. Div. 35 (1996)

National Lumber Company v. M.G. Murphy Construction Company, Inc., and others

Massachusetts Appellate Division, Southern District.

March 11, 1996.


Attorney(s) appearing for the Case

Mark E. Barnett for the plaintiff.

Charles J. Humphreys for defendants John and Mary L. Roy.

Present: Martin, P.J., Hurley & Aguiar, JJ.


Aguiar, J.

This appeal raises the issue of whether as a matter of law the plaintiff created a valid mechanic's lien against the defendants' (Mary L. Roy and John Roy) property. We find that the plaintiff did create such a lien and that the trial court's entry of judgment for the Roys under Count I of the complaint should be reversed.

The evidence showed that on or about May 9, 1992, the Roys entered into a written contract with Martin Murphy whereby Murphy...

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