Kelley v. Border City Mills

A boiler, situated in a building joined to a mill, and used to supply steam to the mill, is a part of the realty, and for repairs on the boiler a lien can be maintained under the Gen. Sts. e. 150; and the whole of the land, on which the mill and the building, in which the boiler is, are situated, may properly be included in the description of the premises on which the lien is claimed.

Petition, under the Gen. Sts. c. 150, to the Superior Court, dated May 6, 1878, to enforce a mechanic’s lien, alleging that the petitioner made a verbal contract with James. E. Cunneen of Fall River, concerning the building on the premises hereinafter described, to “ take apart, repair and put together again such defective boilers and piping as were on the premises,” for $3.50 a day; that the petitioner, at the special instance and request of said James E. Cunneen, performed upon said building the labor mentioned in the account annexed, and that James E. Cunneen had authority from, and was rightfully acting for, the Border City Mills, a corporation in Fall River, it being the owner of the premises, and with its consent; that under and by virtue of said contract he performed the labor mentioned in the account annexed, “ in the alteration and repair of said structure upon said premises,” that the premises are situated in the northerly part of Fall River, (describing them by metes and bounds,) “ being the same lot of land which is occupied by Border City Mills, known as Border City Mills Number Two, and the structure upon which said labor was performed is a cotton mill situated upon said premises and recently erected thereon, and said premises at the time said contract was made, and said labor performed, were the property of said Border City Mills; ” that the petitioner ceased to perform said labor upon April 12, 1878, and within thirty days thereafter filed in the registry of deeds for the county of Bristol a statement of a just and true account of the amount, due him, with all just credits given, together with a description of the property intended to be covered by this lien, sufficiently accurate for identification, with the name of the corporation which is the owner thereof, which statement was subscribed and sworn to by the petitioner and was in all respects duly made and recorded in accordance with the statutes of this Commonwealth; and praying that said premises might be sold, and the proceeds of sale applied to the discharge of his demand and costs. The account annexed stated the amount due at $75.25. The certificate of lien stated that the above sum was due “ for labor performed, in the alteration and repair of a building situated on a lot of land in Fall River, being the land occupied by mill known as Border City Mills Number Two; ” described it by metes and bounds; and gave the time when the petitioner “ceased to labor on said building.” The case was submitted to the Superior Court upon an agreed statement of facts, in substance as follows: The petitioner was hired by James E. Cunneen, the defendant’s superintendent, who was duly authorized to hire and employ the petitioner to repair two stationary steam-boilers in the boiler-house, used in connection with its cotton mill, the boiler-house being a separate building from the mill, but joining the mill on the back. The repairs consisted of putting on patches to the boilers, and riveting the same. In consequence of this contract, the petitioner did repair the boilers. The certificate of lien was duly sworn to, filed and recorded within thirty days from the time the petitioner ceased labor on the boilers. If, as matter of law, the lien, on these facts, could be maintained, the petitioner was to have judgment for $75.25; otherwise, judgment for the respondent. Gardner, J., ordered judgment for the respondent; and the petitioner appealed to this court.