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A Treatise On the Law of Mechanics' Liens On Real And Personal Property

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356. 58.1 * Chambers v. McDowell, 4 Ga. 185. * [Rand u. Grubbs, 26 Mo. App. 591.] ' Trustees Ger. Luth. Ch. v. Heise, 44 w [Given v. Church, 16 Phila. 300.] Md. 455. » [Skraiuka v. Rohan, 18 Mo. App.
« Tieman v. Jackson, 5 Pet. (U. S.) 340, 342. But compare Hayden t;. WuU 580, fing, 19 Mo. App. 353. J •WAIVER OF LIEN. 477 it is waived, and cannot be enforced against a subsequent pur- chaser or lienor. The understanding between these parties as evidenced by a long continued usage and mode of dea
...ling between them, namely, to open and run mutual accounts between them in relation to their respective lines of business, and at the end of every six months to adjust the balance and execute a note for the same payable in four months, was inconsistent with the right to perfect a mechanics' lien for labor or materials fur- nished, there being no showing of any contract other than such as may be implied from their mode of dealing with each other. ^ A mechanic furnishing material for the construction of a mill under a contract with the owner, may, by his agreement as to the manner of payment, and his acts with respect to the claims of other creditors, be precluded from asserting a mechanic's lien, as against such creditors, although he has made no express promise that he will not assert such lien.

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