Broderick v. Boyle

New York Court of Common Pleas

Broderick v. Boyle

1 Abb. Pr. 319, 2 E.D. Smith 554

CourtNew York Court of Common Pleas

DecidedFebruary 15, 1855

StatusPublished

Cited by1 cases

This text of 1 Abb. Pr. 319 (Broderick v. Boyle) is published on Counsel Stack Legal Research, covering New York Court of Common Pleas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Broderick v. Boyle, 1 Abb. Pr. 319, 2 E.D. Smith 554 (N.Y. Super. Ct. 1855).

Pincite

Opinion

Daly, J.

(Orally).—The law -gives a lien in two cases:— 1, where a contract is made with the owner. 2, where a [320]*320contract is made with the contractor with the owner, commonly • called the first contractor, and is in conformity with the contract made with the owner. The first contractor might put up a different building or structure than that provided for by the contract, .and the party who performed work or furnished materials towards the erection of such a structure, would have no lien against the owner of the land. A lien against the owner exists only when the work performed or the materials furnished by the sub-contractor is contemplated by the contract between the owner and the first contractor. In the language of the statute, the sub-contractor’s contract with the first contractor must be in conformity with the original contract made by the owner.

The complaint must be amended. In its present form it does not set forth a sufficient cause of action.

Free access — add to your briefcase to read the full text and ask questions with AI

Daly, J.

(Orally).—The law -gives a lien in two cases:— 1, where a contract is made with the owner. 2, where a [320]*320contract is made with the contractor with the owner, commonly • called the first contractor, and is in conformity with the contract made with the owner. The first contractor might put up a different building or structure than that provided for by the contract, .and the party who performed work or furnished materials towards the erection of such a structure, would have no lien against the owner of the land. A lien against the owner exists only when the work performed or the materials furnished by the sub-contractor is contemplated by the contract between the owner and the first contractor. In the language of the statute, the sub-contractor’s contract with the first contractor must be in conformity with the original contract made by the owner.

The complaint must be amended. In its present form it does not set forth a sufficient cause of action.

Cite This Page — Counsel Stack

Bluebook (online)

1 Abb. Pr. 319, 2 E.D. Smith 554, Counsel Stack Legal Research, https://law.counselstack.com/opinion/broderick-v-boyle-nyctcompl-1855.

Opinion

Related

Cite This Page — Counsel Stack