Morris v. Ross
Supreme Court of Pennsylvania
Appeal, No. 160, Oct. T., 1897, by plaintiff, from judgment of'C. P. No. 1, Allegheny Co., Sept. T., 1895, No. 468, on verdict for defendants. Scire facias sur mechanic’s lien. Before Stowe, P. J. At the trial it appeared that tbe plaintiff bad filed a lien as a subcontractor for materials furnished to a building built by Dolierty Brothers as contractors for Isabella Ross.
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Appeal, No. 160, Oct. T., 1897, by plaintiff, from judgment of'C. P. No. 1, Allegheny Co., Sept. T., 1895, No. 468, on verdict for defendants. Scire facias sur mechanic’s lien. Before Stowe, P. J. At the trial it appeared that tbe plaintiff bad filed a lien as a subcontractor for materials furnished to a building built by Dolierty Brothers as contractors for Isabella Ross. The contract for tlie building, in one paragraph, provided that “no lien shall be filed against the building by tbe contractor or subcontractor,” but in a prior paragraph had provided as follows: “ It being understood that…
1Opinion of the Court
Opinion by
Me. Justice Geeen,
The present proceeding is a scire facias upon a mechanic’s lien, filed by the plaintiff, as subcontractor, against the owner and contractor. The contract between the owner and contractor contained the following provision, “No lien shall be filed against the building by either the contractor or subcontractors.” This is an express, positive provision against any liens by either the-contractor or subcontractor, and is without any qualification or condition whatever. That it is binding on both the contractor and subcontractor ever since the case of Schroeder v.…
2Cases cited9 opinions
- Schroeder v. GallandSupreme Court of Pennsylvania · 1890
- Nice v. WalkerSupreme Court of Pennsylvania · 1893
- Samuel J. Creswell Iron Works v. O'BrienSupreme Court of Pennsylvania · 1893
- Evans v. GroganSupreme Court of Pennsylvania · 1893
- Lucas v. O'BrienSupreme Court of Pennsylvania · 1894
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Atlantic Refining Co. v. Continental Casualty Co.District Court, W.D. Pennsylvania · 1960
- Pierce, Butler & Pierce Manufacturing Corp. v. EndersSupreme Court of Connecticut · 1934
- Commonwealth Title Insurance & Trust Co. v. EllisSupreme Court of Pennsylvania · 1899
- Baldwin Locomotive Works v. Edward Hines Lumber Co.Indiana Supreme Court · 1919
- Kirpichnikoff v. FinkelSupreme Court of Pennsylvania · 1927
2 more not listed; retrieve them via the Exa API.