Worthley v. Emerson

Summary

The court held that payments made without an agreed appropriation applied to the earlier items of the account, including charges for hitch-posts and fence stone, thereby precluding the respondents from contesting whether those items were lienable. It further held that materials furnished under an entire oral contract for constructing a block of dwelling-houses on one lot supported a lien on the whole estate.

Holdings

1. When payments are made on an account current without an appropriation by either party, the law applies them to the earlier items of the account.
2. Materials furnished under an entire contract for the construction of a block of dwelling-houses situated on one lot support a lien upon the whole estate for the value of the materials furnished.

Questions Presented

1. Whether payments made without an appropriation by the parties must be applied to the earlier items of the account, thereby satisfying the charges for the hitch-posts and fence stone.
2. Whether materials furnished under an entire contract for the construction of a block of five houses situated on one lot support a lien on the whole estate.

Disposition

other