Hothersall v. Rust
Superior Court of Pennsylvania
Appeal, No. 17, Oct. T., 1901, by defendant, from judgment of O. P.No. 2, Phila. Co., Dec. T., 1898, No. 965, M. L. D., on verdict for plaintiff in case of Stephen J. Hothersall and John H. Cloak, trading as Hothersall & Cloak, v. Anna E. Rust, Owner, Appellant, and Alfred J. Rust, Contractor. Scire facias sur mechanic’s lien. Before Wiltbank, J. The court refused binding instructions for defendant. Verdict and judgment for plaintiffs for $531.23. Defendant appealed.
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Appeal, No. 17, Oct. T., 1901, by defendant, from judgment of O. P.No. 2, Phila. Co., Dec. T., 1898, No. 965, M. L. D., on verdict for plaintiff in case of Stephen J. Hothersall and John H. Cloak, trading as Hothersall & Cloak, v. Anna E. Rust, Owner, Appellant, and Alfred J. Rust, Contractor. Scire facias sur mechanic’s lien. Before Wiltbank, J. The court refused binding instructions for defendant. Verdict and judgment for plaintiffs for $531.23. Defendant appealed. Error assigned was in refusing binding instructions for defendant.
1Opinion of the Court
Opinion by
W. D. Porter, J.,
An old brick factory building two stories high and having a basement, fronting forty-one feet on Emerald street and extending back sixty-five feet along Wishart street, in the city of Philadelphia, was enlarged by the building operation out of which this litigation arose. The rear wall of the building was removed, and the bricks taken therefrom were used in the construction of the new work; the new work extended the building back along Wishart street 136 feet, this extension of the building being of the same height with the old building; the floors of the extension…
2Cases cited8 opinions
- Wharton v. Real Estate Investment Co.Supreme Court of Pennsylvania · 1897
- Lee v. BurkeSupreme Court of Pennsylvania · 1870
- Klinefelter v. BaumSupreme Court of Pennsylvania · 1896
- Thomas v. HinkleSupreme Court of Pennsylvania · 1889
- Smyers v. BeamSupreme Court of Pennsylvania · 1893
3 more not listed; retrieve them via the Exa API.
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