Chapman v. Faith
Superior Court of Pennsylvania
Appeal, No. 263, Oct. T., 1900, by plaintiffs, from order of C. P. No. 4, Phila. Co., Dec. T., 1898, No. 391, M. L. D., striking off mechanic’s lien in case of William R. Chapman, John B. Chapman and William R. Chapman., Jr., Copartners, trading as William R. Chapman & Sons, v. Samuel Faith and John Long, Copartners, trading as S. Faith & Company, Owners or Reputed Owners, and George W. Stewart, Contractors. Demurrer to claim for mechanic’s lien.
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Appeal, No. 263, Oct. T., 1900, by plaintiffs, from order of C. P. No. 4, Phila. Co., Dec. T., 1898, No. 391, M. L. D., striking off mechanic’s lien in case of William R. Chapman, John B. Chapman and William R. Chapman., Jr., Copartners, trading as William R. Chapman & Sons, v. Samuel Faith and John Long, Copartners, trading as S. Faith & Company, Owners or Reputed Owners, and George W. Stewart, Contractors. Demurrer to claim for mechanic’s lien. From the record it appeared that George W. Stewart had entered into a contract with S. Faith & Company for the erection and construction of a…
1Opinion of the Court
Opinion by
Rice, P. J.,
In the case of Hoatz v. Patterson, 5 W. & S. 587, decided in 1843, followed by Haley v. Prosser, 8 W. & S. 133, decided in 1844, the Supreme Court held, that the mechanic’s lien law of 1836, did not authorize the filing of a lien by one who by special contract undertakes to furnish all the materials and erect a house or other building for a certain sum. To meet these decisions, the legislature declared in the 5th section of the Act of April 16, 1845, P. L. 538, that the “ provisions,” evidently referring to all the provisions, of the act of 1836, “ according to the true…
2Cases cited9 opinions
- McFarland v. SchultzSupreme Court of Pennsylvania · 1895
- Wharton v. Real Estate Investment Co.Supreme Court of Pennsylvania · 1897
- Lee v. BurkeSupreme Court of Pennsylvania · 1870
- Young v. LymanSupreme Court of Pennsylvania · 1848
- Russell v. BellSupreme Court of Pennsylvania · 1863
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Burrows v. CarsonSuperior Court of Pennsylvania · 1913
- Crane Co. v. RogersSuperior Court of Pennsylvania · 1915
- Duplex Elec. Co. v. Simons, Brittain & English, Inc.Superior Court of Pennsylvania · 1931
- Koons v. Harding, Pennsylvania Court of Common Pleas, Dauphin County1923
- Dahlhausen v. Deichelmann, Pennsylvania Court of Common Pleas, Montgomery County1949
6 more not listed; retrieve them via the Exa API.