Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-10-09
kennebec County.

CHARLES y Wuham ~. Flora .
Wing, ct ais. Rescript. Haley J.
This is u bin in equity brought by
Charles Il. Witham To enforce It lien
apnn land ana buildings thereon. sit
uat,d in Farmingdalg. owned by Flora
J. Wing, for labor md material fur
hisAed in altering aad repairing said
buildings.
Paragraph 81 the bill alleges that
Wy virtue Of It contract between tht
4laintin and the defendant. q. Har-
nii irant Wing. q son Of Flara
Wing. who is alleged To be the aWnc.
- tile land and buildings. executed
ser sid q. Harold Grant Wing ~ his
attorney, charles O. keenc, the plain
tir furnished material and labor AZ
Of which entered int and wscc USED
n erecting. constructing. altering an6
repairing th- Buildings upon which
tho lien is claimed, and refers Is EX=
hibi; \.
; Paragraph Of the bill reads as fo,-
loVs
That. by virtue of cenirac; with
the said G. Harold Grant Wing. Flora
] Wing and l.. Z. Wing. and with tie
knowledge and consent of said owner
ana mortgage, the plantin perform
I'd certain other labor. and furnished
certain other labor ard materials. and
made certain changes in the speeifica-
lions of said written contract. al Of
which are mentioned and described in
the statement hereunto annexed and
made part hereof md marked FIX
aibit B. all of viii II entered into and
we're used III altering. constructing
mi fJ,fY, I'm on
said lot"
4 Exhibit 2 contains % items for Ia
Dor and material furnished from
March % TO May ?. inclusive. The bill
was fled IN the clerks office in Ken
nebec county and subpoena issued, as
prescribed by the rules of court to
/ Flora J Wing, = b Wing. c. Har-
old Grant wing and the Lewiston
Trust and Safe Deposit Co The de-
PENDANTS filed an answer with de-
murrer therein. Afterwards. with the
consent Of the defendants an amend
tnent was filed and allowed. So much
Of the amendment as is material is
AS follows:
''All the labor and material referred
10 in Exhibit a OF the plaintiffs bin
for which tho plaintiff seeks to recover,
j We're furnished By the plaintiff by viz
tue OF and in pursuance of a contract
4 with the sail t. Harold Grant Wing.
and the other contracts alleged in the
plaintiffs nil 10 have been made By
G. Harold Grant Wing, Flora j. Wing
and l.. +. Wing as stated in Parag raph
9 and Exhibit r Of the plaintiffs bill
were merely additional To and modiii-
cations OF the said original contract
with CT Harold Grant Wing. mentioned
in Item . OF the plaintiffs bill, and
We're made by his authority and with
the consent and knowledge of the own
err"
The justice who heard the case dis
missed the bill as to the Lewiston
Trust & safe Deposit Co. and l.. b.
Wing, with costs for each. sustained
the bill AGAINST G.. Harold Grant Wing
for $6414 As with interest and cost, with
a lien upon the buildings and land de-
scribed in the bill. and ordered the
property sold to satisfy the judgment.
The defendant, G.. Harold Grant Wing
claimed an appeal The case is before
the court upon exceptions. demurrer
and appeal.
! The plaintiff offered in evidence a
copy of the record Of the town clerk of
the town of Farmingdalee. where the
property in question is located which
was admitted subject to objection and
exception by the defendant. This was
n record of the lien statement filed by
the plaintiff in the town clerks office,
NY 4