Pagnacco v. Faber
Supreme Court of Pennsylvania
Appeal, No. 102, Jan. T., 1908, by plaintiff, from judgment of C. P. No. 1, Phila. Co., Dec. T., 1906, No. 5,063, M. L. D., for defendant, non obstante veredicto in case of Joseph Pagnacco v. Frederick F. Faber, owner and contractor, and J. William Smith, reputed owner. Scire facias sur mechanic’s lien. _ Before Kinsey, J. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 102, Jan. T., 1908, by plaintiff, from judgment of C. P. No. 1, Phila. Co., Dec. T., 1906, No. 5,063, M. L. D., for defendant, non obstante veredicto in case of Joseph Pagnacco v. Frederick F. Faber, owner and contractor, and J. William Smith, reputed owner. Scire facias sur mechanic’s lien. _ Before Kinsey, J. The facts appear by the opinion of the Supreme Court. At the trial the jury returned a verdict for plaintiff for $5,145.85. The court subsequently entered' judgment for defendant non obstante veredicto.
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
This was an action by scire facias sur mechanic’s lien against Frederick F. Faber, owner and contractor, and another as reputed owner. Faber defended as owner. The one issue of fact was whether Pagnacco, the claimant, had waived his right to file a lien. The original contract was with one Nyce, then the owner; and by that contract Pagnacco covenanted to complete the foundation, stone work, cellar walls, face stone work, rubble range work, porch floors and excavation and grounding required, for and in the erection and construction of the buildings, and expressly…
2Cited by4 opinions
- Burger v. S. R. Moss Cigar Co.Supreme Court of Pennsylvania · 1909
- Pagnacco v. FaberSupreme Court of Pennsylvania · 1909
- Mar Ray, Inc. v. StarrSuperior Court of Pennsylvania · 1982
- Pennock v. Locust Realty Co.Supreme Court of Pennsylvania · 1909