Richlands Flint Glass Co. v. Hiltebeitel

Citations

• 92 Va. 91
• 22 S.E. 806
• 1895 Va. LEXIS 91

Syllabus

<p>1. Mechanic’s Lien&emdash;Perfecting Lien&emdash;Termination of Work.&emdash;A bill filed to enforce a mechanic’s lien sufficiently alleges that the lien was perfected before the expiration of thirty days from the termination of the work, when it alleges that the lien was filed as provided for in sections 2475 and 2476 of the Code of Virginia, and the copy of the record of the lien exhibited with the bill shows that a part of the work charged for was done within thirty days of the recordation of the lien.</p> <p>2. Mechanic’s Lien&emdash;Quantity of Land&emdash;Description.&emdash;TJpon a bill filed to enforce a mechanic’s lien, the quantity of land necessary for the convenient use of the building is sufficiently described by reference to an exhibit filed with the bill, which gives an adequate description of the land, and seeking to enforce the lien against the land thus described.</p> <p>3. Contracts in Writing&emdash;Parol Evidence&emdash;Custom&emdash; Usage of Trade&emdash;Estimating Brick Wall.&emdash;Where a written contract is entered into to pay an agreed price per thousand for brick-work, but the contract is silent as to how the number of bricks is to be ascertained, parol evidence may be received to show whether there was any agreement between the parties on the subject, and, if so, what it was; and if there was none, then to show what was the custom of the locality where the contract was made, or the usage of trade, and with a reference to which, in the absence of any special agreement, the parties are to be deemed to have contracted.</p>