Massachusetts Supreme Judicial Court March 2, 1901 (Williams v. Weihbaum)

Morton, J.

This is a petition to enforce a mechanic’s lien for labor, and is defended by the mortgagee alone. It is admitted that the labor for which a lien is claimed by the petitioner was performed and furnished by him under his contract with Rudnick. The mortgagee contends that the petitioner is not entitled to a lien, because there was nothing due him when he filed the certificate of lien.