Nickel v. Blanch

Yellott, J., delivered the opinion of the Court. In the Circuit Court of Baltimore City, a bill was filed by the appellants against the appellees for the enforcement of a mechanics’ lien. It is averred, in the said bill, that the plaintiffs contracted with the defendant, Blanch, to furnish brick to he used in the erection of fifteen dwelling houses, some of said houses being on Broadway and others on St. Joseph street. The lien claim, as filed, is against one of said buildings on Broadway.

This claim was filed on the 1st day of December, 1885. The first four items are for bricks delivered from October 8th, 1884, to December 4th, 1884, or in other words, for materials delivered very nearly a year before the filing of the claim. But there is another item of $12.28 for paving brick delivered from December 10th, 1884, to June 16th, 1885. ' There is an agreed statement of facts in the record, from which it appears that “ all these said paving brick, furnished within six months prior to the filing of this lien claim, were delivered at and used for the houses on St. Joseph street, and not for the special use of the house against which this lien claim is filed.” It also appears from the said agreed statement of facts that on or about the 15th of October, 1885, the plaintiffs executed a release in writing of their lien claim against the ten houses on St. Joseph street. As a lien claim- must he filed within six months after the delivery of the materials charged in the last item of the account, and, as the first four items are for materials delivered more than eleven months anterior to the filing of the claim which forms the foundation for these