Driesbach v. Keller
Supreme Court of Pennsylvania
Error to the Common Pleas of Monroe county. Dec. 15. — Keller filed a claim as a mechanic, stating the contract was made 16th April, and the work done between said 16th April, 1841, and 29th August, 1842. Defendants pleaded inter alia, claim not filed, within six months. The parties had a settlement on the 28th and 29th August. A bill for liquor and some other articles being deducted, the balance was paid in cash; a note and a receipt was given.
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Error to the Common Pleas of Monroe county. Dec. 15. — Keller filed a claim as a mechanic, stating the contract was made 16th April, and the work done between said 16th April, 1841, and 29th August, 1842. Defendants pleaded inter alia, claim not filed, within six months. The parties had a settlement on the 28th and 29th August. A bill for liquor and some other articles being deducted, the balance was paid in cash; a note and a receipt was given. Originally there was a one-story house, beside which a two-story house was erected. When the family, who had occupied the old house, moved into the…
1Opinion of the CourtSergeant, J.
— The act of the 16th June, 1836, sect. 12, requires a mechanic’s claim to set forth, among other things, the “ time when the materials were furnished, or the work was done, as the case maybe.” The present claim is for work done to a dwelling-house and shed, and states, “ that the contract for the workmanship of said dwelling-house and shed was made between said George Keller and John Driesbach, on or about the 16th April, 1841, at Tobihanna township, Monroe county, aforesaid, and said work and labour was done between the said 16th April, 1841, and the 29th day of August, 1841.” This is said…
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