Irvine v. McDougall
Citations
- 5 Alaska 300
Syllabus
<p>1. Mechanics’ Liens <&wkey;5—Statutes—Construction.</p> <p>The safe and proper rule of construction of mechanic’s lien statutes is that, while the remedial portions of these statutes should be liberally construed, with a view to avoid defeating the purpose of the statute, yet those parts upon which the right to the existence of a lien depend, being in derogation of the common law, should be strictly construed.</p> <p>2. Mechanics’ Liens &wkey;>204—Assignments—Effect.</p> <p>On the trial of a mechanic’s lien case it appeared from the evidence that the lienors had assigned their claims for wages to the plaintiff prior to the perfection of the mechanic’s lien. Held, in the absence of any statute to the contrary, the assignment of the claim before the perfection of the lien destroys the right to a lien.</p> <p>(g^s>See same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- Holding there was no factual or legal predicate establishing jurisdiction under the Contract Disputes Act (“CDA”), 41 U.S.C. § 609, because BPA is not a contract
- determining that the BPA at issue “laek[ed] the mutual intent required to form a binding contract,” and therefore there was “no factual or legal predicate establishing jurisdiction under the CDA”
- distinguishing umbrella BPA from individual purchase order “which can give rise to a contract.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Bunnell
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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