Cote v. Schoen
Superior Court of Pennsylvania
Appeal, No. 96, April T., 1896, by-plaintiff, from judgment of C. P. No. 2, Allegheny County, April T., 1894, No. 690, on verdict for defendant. Sci. fa. sur mechanic’s lien for $472.09. Before Ewing, P. J. Verdict for defendant. The facts sufficiently appear from the charge of the court below, which is as follows: This is a mechanic’s lien filed by the plaintiff, Mr.- Cote, to recover for lumber which he says he furnished for the house of Mrs. Schoen.
Read the full summary
Appeal, No. 96, April T., 1896, by-plaintiff, from judgment of C. P. No. 2, Allegheny County, April T., 1894, No. 690, on verdict for defendant. Sci. fa. sur mechanic’s lien for $472.09. Before Ewing, P. J. Verdict for defendant. The facts sufficiently appear from the charge of the court below, which is as follows: This is a mechanic’s lien filed by the plaintiff, Mr.- Cote, to recover for lumber which he says he furnished for the house of Mrs. Schoen. It seems that John Beighley was the contractor. Now, in the first place, the plaintiff says that he has furnished lumber to the amount of…
1Opinion of the Court
Opinion by
Rice, P. J.,
The defense in this case was that the contract between Beighley, the builder, and the defendant, contained a stipulation that no liens should be filed against the building. There was no dispute as to its other provisions. The contract was lost. The defendant, an unlearned woman, testified that the contract contained astipulation, quoting her language, “that I was to pay the money as the work went on, and that no liens should go on my house.” Mr. Swogger, who dictated the paper, testified that its substance was, that “ the house was to be built for $2,200, and delivered…
2Cases cited1 opinion
- Nice v. WalkerSupreme Court of Pennsylvania · 1893
3Cited by2 opinions
- Thrall v. WilsonSuperior Court of Pennsylvania · 1901
- Daly's EstateSuperior Court of Pennsylvania · 1913