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22 R.I. 281

47 A 598

Golrick v. Tella

Supreme Court of Rhode Island

Decided November 23, 1900

Supreme Court of Rhode Island · decided 1900-11-23

Petition to enforce a mechanic’s lien. The facts were these : The petitioners, in common with other material-men and subcontractors, executed releases of their liens upon the property of the respondent, for. the purpose of enabling the contractor to obtain a payment upon the contract. The petitioners claimed that the releases were signed upon the undeiu. standing that the full amount of the payment, viz., $1,000, should be paid by the respondent owner to the contractor.

Heard and petitions dismissed · Decided 1900-11-23

Per Curiam.

¶1 (1) The.court is of opinion that the releases executed by the petitioners took effect upon the production of the paper to the architect in order to obtain the order from him according to the terms of the contract, followed by the subsequent demand upon the owner and the payment of money upon said order.

¶2 The petitions of those parties who signed the release are therefore dismissed.

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