170 Mass. 50 | Mass. | 1898
This case is submitted on an agreed statement of facts, and no inferences can be drawn in favor of either party. Old Colony Railroad v. Wilder, 137 Mass. 536. Mayhew v. Durfee, 138 Mass. 584. The burden is on the petitioner, and unless the facts agreed are all that the law requires to establish his case, he cannot recover.
Until the building was nearly completed, the heirs of Bridget
As the petitioner cannot maintain his lien on the ground of the consent of these heirs, the question arises whether he can have a lien for anything, and if so for how much, on the ground that the labor was performed or furnished by consent of the respondent owner. It is held in the cases first above cited that an interest under a parol agreement to purchase land is not enough to make one an owner who can create a lien. It therefore follows that no lien was created prior to the delivery of the deed. But on the delivery of the deed the respondent became the owner, and a lien would exist for work done afterwards by its consent. A small part of the work was done afterwards. We think the facts presented should be interpreted as a statement that the work done after the delivery of the deed was done
Judgment affirmed.