Langenheim v. Anschutz-Bradberry Co.
Superior Court of Pennsylvania
Appeal, No. 72, April T., 1896, by Langenheim & Cochran,- plaintiffs, from judgment of C. P. No. 2, Allegheny Co., No. 126, Jan. T., 1894, in sci. fa. sur mechanic’s lien against the Anschutz-Bradberry Co., owner, and H. S. McAllister, contractor, defendants, ordering nonsuit. Sci. fa. for materials amounting to $848.95 furnished in the construction of an addition to an iron foundry.
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Appeal, No. 72, April T., 1896, by Langenheim & Cochran,- plaintiffs, from judgment of C. P. No. 2, Allegheny Co., No. 126, Jan. T., 1894, in sci. fa. sur mechanic’s lien against the Anschutz-Bradberry Co., owner, and H. S. McAllister, contractor, defendants, ordering nonsuit. Sci. fa. for materials amounting to $848.95 furnished in the construction of an addition to an iron foundry. Before Ma-gee, J. The facts as stated in the opinion of this court were as follows : This is an appeal by Langenheim & Cochran from the refusal of the court of common pleas of Allegheny county to take off a…
1Opinion of the Court
Opinion by
Smith, J.,
(after stating facts as above):
Under these circumstances were the plaintiffs entitled to maintain a lien upon the building ?
Two questions were involved in the inquiry: Was Yandevort an agent of the defendant within the purview of the act of May 18, 1887; and was the statement of Cochran to him a sufficient notice of an intention to file a lien, under the requirements of that statute. The part of the act material here is as follows: “ That to entitle any one to the benefits of this act, he shall give notice to the owner or reputed owner of the property, or his or her agent,…
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