Lester v. Pedigo

Citations

• 84 Va. 309
• 4 S.E. 703
• 1888 Va. LEXIS 81

Syllabus

<p>1. Practice at Common Law—Mechanics’ Liens—Proceedings.—Where verified account of number and price of materials furnished is filed with claim for lien on certain building “with so much land therewith as shall be necessary for convenient use of the premises,” and notice is served of claim for lien and of motion to enforce the same at first day of next term, and the motion was on that day docketed and continued until 6th day of term, when it is heard, the proceedings conform to the statute, and are regular.</p> <p>2. Idem—Sale for cash.—It is proper to decree sale for cash enough to pay the amount of lien when that amount is but a small proportion of the value of the whole property.</p> <p>3. Contracts—Construction.—Where plaintiff contracted to furnish brick at agreed price per thousand, he cannot be required to estimate the number by measurement of the cubic feet and allowance of a certain number to the cubic foot.</p>