Rush v. Able
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Northampton county: Of January Term 1879, No. 240. On December 27th 1873, S. P. Bush & Son, house-carpenters, filed a mechanics’ lien against Edward Able, owner or reputed owner, and contractor, and a building known as Abie’s Opera House, in the borough of Easton.
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Error to the Court of Common Pleas of Northampton county: Of January Term 1879, No. 240. On December 27th 1873, S. P. Bush & Son, house-carpenters, filed a mechanics’ lien against Edward Able, owner or reputed owner, and contractor, and a building known as Abie’s Opera House, in the borough of Easton. Accompanying the claim, and made a part thereof, was the following bill of particulars: “ 1873. June 28. To building Opera House in the Borough of Easton, Northampton county, Pennsylvania, and furnishing the said materials for the same, including excavations, stone, mason-work, marble,…
1Opinion of the CourtJustice Trunkey
Extra work and materials done and furnished by a contractor during performance of his agreement, may be included in and constitute a part of his claim, if the claim be filed within six months after completion of the contract. Though outside the contract, they are so closely connected with it, that they have always been included with those done and furnished under the contract, in filing the claim. As shown by the learned judge below, the lien will be continued if the claim be filed within six months after the extra work was done, but more than six months after work on the contract was…
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