Phelps v. Burns
Superior Court of Pennsylvania
Appeal, No. 39, Jan. T;, 1901, by plaintiff, from order of C. P. Luzerne Co., Jan. T., 1900, No. 30, Mechanic’s Lien No. 316, Docket No. 15, making absolute rule to strike off mechanic’s lien in case of Phelps, Straw & Co. v. J. P. Burns, owner or reputed owner, and E. D. Fogel, Contractor. Buie to strike off mechanic’s lien.
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Appeal, No. 39, Jan. T;, 1901, by plaintiff, from order of C. P. Luzerne Co., Jan. T., 1900, No. 30, Mechanic’s Lien No. 316, Docket No. 15, making absolute rule to strike off mechanic’s lien in case of Phelps, Straw & Co. v. J. P. Burns, owner or reputed owner, and E. D. Fogel, Contractor. Buie to strike off mechanic’s lien. From the record it appeared that on July 27, 1899, E. D. Fogel entered into a contract in writing with Joseph P. Burns to erect for him a brick dwelling in the city of Wilkes-Barre. The contract contained a stipulation that “no lien shall be filed against the building…
1Opinion of the Court
Opinion by
William W. Porter, J.,
The Act' of June 26, 1895, P. L. 369, enables the owner of property to protect himself against mechanics’ liens either by filing with the prothonotary the written contract for the building, containing a stipulation that no lien shall be filed, or by filing such a written stipulation executed separately from the contract: Blaisdell v. Dean, 9 Pa. Superior Ct. 639. Here, the original building contract dated July 27, 1899, was filed the following day with the prothonotary and contained this provision: “No lien shall be filed against the building either by the…
2Cases cited1 opinion
- Blaisdell v. DeanSuperior Court of Pennsylvania · 1899
3Cited by1 opinion
- Cutter v. PiersonSuperior Court of Pennsylvania · 1904