¶1Notwithstanding the distinctions shown by the counsel for the petitioner between this case and Morrison v. Minot, 5 Allen, 403, we are of opinion that it comes within the principle stated in that case. There was no contract to which the respondent ever assented for furnishing any labor separate from materials. The petitioner has never been entitled to any payment for labor, either by express contract, or by an implied contract on a quantum meruit. The contract was entire for labor and materials ; and, there being no lien for the materials, there is none for the whole or for any part. There were other objections *575to the recovery by the petitioner in Morrisonv. Minot, which do not apply to the case at bar; but this point in which they are precisely alike is decisive. Exceptions overruled.
90 Mass. 573
Graves v. Bemis
Massachusetts Supreme Judicial Court
Decided September 15, 1864
Massachusetts Supreme Judicial Court · decided 1864-09-15
• Petition to enforce a mechanic’s lien. At the trial in the superior court, before Brigham, J., it appeared that A. L. Chapin agreed in writing to build a house for the respondent, according to certain specifications, for which the respondent agreed to pay sixty-four hundred dollars, “ payments to be made as follows: one thousand dollars when the first floor timbers are on; two thousand dollars when the brick work is done; one thousand dollars when it is ready to plaster;…
Decided 1864-09-15