Eller v. Cambridge Springs Co.
Superior Court of Pennsylvania
Appeal, No. 67, April T., 1901,-by defendants, from judgment of C. P. Crawford Co., Feb. T., 1899, No. 110, on verdict for plaintiff in case of J. H. Eller, trading as J. H. Eller & Company v. The Cambridge Springs Company. Scire facias sur mechanic’s lien.
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Appeal, No. 67, April T., 1901,-by defendants, from judgment of C. P. Crawford Co., Feb. T., 1899, No. 110, on verdict for plaintiff in case of J. H. Eller, trading as J. H. Eller & Company v. The Cambridge Springs Company. Scire facias sur mechanic’s lien. From the record it appeared that on March 11, 1896, the plaintiff entered into a written contract with defendant to furnish for defendant’s hotel building the copper ornamental work for the outside of the building; a copper frieze at forty cents per lineal foot, and to deliver and erect on the building at such time as the building should…
1Opinion of the Court
Opinion by
William W. Porter, J.,
The written contract, under the terms of which the materials included in this lien were furnished, was rightly held by the court below to be entire. It was intended by the parties to be entire. By their intent the construction of the contract is to be determined: Easton v. Jones, 193 Pa. 147. This disposes of one of the appellant’s contentions.
By the terms of the contract certain of the materials, including “ four gable ornaments,” were to be delivered “ at such time as building shall be ready for it.” Almost the whole of the material was delivered in May or…
2Cases cited3 opinions
- Easton v. JonesSupreme Court of Pennsylvania · 1899
- McKelvey v. Jarvis, Halpin & Co.Supreme Court of Pennsylvania · 1878
- W. H. Harrison & Bro. v. Homœopathic Ass'nSupreme Court of Pennsylvania · 1890