Evans v. Grogan
Supreme Court of Pennsylvania
Appeal, No. 161, Oct. T., 1892, by defendants, John G. Grogan et al., from judgment of C. P. No. 2, Allegheny Go., Oct. T., 1891, No. 209, for plaintiffs, Evans, Cunningham & Jones, on case stated. Scire facias sur mechanics’ lien. Case stated. Prom the case stated it appeared that plaintiffs furnished to Matthias Wagner, the contractor, materials used in the construction of three dwelling-houses belonging to defendant.
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Appeal, No. 161, Oct. T., 1892, by defendants, John G. Grogan et al., from judgment of C. P. No. 2, Allegheny Go., Oct. T., 1891, No. 209, for plaintiffs, Evans, Cunningham & Jones, on case stated. Scire facias sur mechanics’ lien. Case stated. Prom the case stated it appeared that plaintiffs furnished to Matthias Wagner, the contractor, materials used in the construction of three dwelling-houses belonging to defendant. The material portions of the contract between Wagner and defendant appear by the opinion of the Supreme Court. The court, in an opinion by Magee, J., entered judgment for…
1Opinion of the Court
Per Curiam,
This case was submitted upon the paper books without an oral argument. The question to be decided is, whether the mechanics’ liens, filed by the plaintiffs against defendants, can be maintained under the covenants of the articles of agreement entered into by and between John Grogan, owner, and Mathias Wagner, contractor, on the 9th of August, 1890, for the erection of the building against which the mechanics’ liens in dispute had been filed.
An examination of the case stated fails to disclose any covenant on the part of the contractor that no lien shall be filed against the…
2Cases cited2 opinions
- Schroeder v. GallandSupreme Court of Pennsylvania · 1890
- Taylor v. MurphySupreme Court of Pennsylvania · 1892
3Cited by8 opinions
- Jarvis v. State BankSupreme Court of Colorado · 1896
- Baldwin Locomotive Works v. Edward Hines Lumber Co.Indiana Supreme Court · 1919
- Ballman v. HeronSupreme Court of Pennsylvania · 1894
- George B. Swift Co. v. DolleIndiana Court of Appeals · 1907
- Morris v. RossSupreme Court of Pennsylvania · 1898
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