Yearsley v. Flanigen
Supreme Court of Pennsylvania
Error to the District Court, Philadelphia. This was a feigned issue in which Pascal Yearsley was plaintiff, and John Flanigen and Geo. W. Carpenter were defendants. The dispute arose upon a claim preferred by the plaintiff to a portion of the fund raised by sheriff’s sale of a building used as a distillery, and a lot of ground.
Read the full summary
Error to the District Court, Philadelphia. This was a feigned issue in which Pascal Yearsley was plaintiff, and John Flanigen and Geo. W. Carpenter were defendants. The dispute arose upon a claim preferred by the plaintiff to a portion of the fund raised by sheriff’s sale of a building used as a distillery, and a lot of ground. The property was sold on the 1st day of March, 1852, as the property of J. K. Tyson & Co. The fund was not sufficient to pay all the claims upon it, and the plaintiff asked a pro rata upon his claim, for 451 yards of digging; for above 175 perches of mason work and…
1Opinion of the Court
The opinion of the.Court was delivered by
Knox, J.
Where a contract is made with a bricklayer to do all the brick and stone work about the erection of a building, which contract by its terms includes the laying of the pavement, as it is an entirety a mechanic’s lien may be filed within six months from the completion of the work, even though it may have all been done except the pavement more than six months before the lien was filed. The work upon the pavement may be included in the lien.
If laying the pavement is done under a separate contract from that of constructing the walls and other…
2Cited by13 opinions
- Sampson-Miller Associated Companies v. Landmark Realty Co.Superior Court of Pennsylvania · 1973
- Rosenberg v. CupersmithSupreme Court of Pennsylvania · 1913
- Voightman & Co. v. Southern Railway Co.Tennessee Supreme Court · 1910
- B.N. Excavating, Inc. v. PBC Hollow-A, L.P.Superior Court of Pennsylvania · 2013
- In re Republic Engineering Co.Superior Court of Delaware · 1925
8 more not listed; retrieve them via the Exa API.