Samuel J. Creswell Iron Works v. O'Brien
Supreme Court of Pennsylvania
Appeal, No. 187, Jan. T., 1893, by plaintiff, from judgment of C. P. No. 2, Phila. Co., Dec. T., 1890, No. 746, in favor of defendants, Francis A. O’Brien, owner, and Thomas A. Ash, contractor, notwithstanding verdict for plaintiff. Mechanic’s lien for ironwork.
Read the full summary
Appeal, No. 187, Jan. T., 1893, by plaintiff, from judgment of C. P. No. 2, Phila. Co., Dec. T., 1890, No. 746, in favor of defendants, Francis A. O’Brien, owner, and Thomas A. Ash, contractor, notwithstanding verdict for plaintiff. Mechanic’s lien for ironwork. The contract contained the following covenants: “ And it is further agreed that the party of the first part will not at any time suffer or permit any lien, attachment, or other iucumbrance, under any law of this state or otherwise, by any person or persons whatsoever, to be put or remain upon the building or premises into or upon…
1Opinion of the Court
Opinion bt
Mr. Justice Mitchell,
The learned court below entered judgment for defendant on the point reserved, on the authority of Benedict v. Hood, 134 Pa. 289. The contracts in that case and in this, so far as relates to the filing of liens, are substantially the same, but there was in that case an additional feature in the fact that the plaintiff, a subcontractor, was surety for the faithful performance by the contractor of his covenants, one of which was that he would not suffer any liens to be filed. The case therefore was rightly decided on the ground of waiver by the plaintiff of his…
2Cases cited5 opinions
- Nice v. WalkerSupreme Court of Pennsylvania · 1893
- Moore v. Carter, Pennsylvania Court of Common Pleas, Alleghany County1892
- Benedict v. HoodSupreme Court of Pennsylvania · 1890
- Loyd & Co. v. Krause & SonsSupreme Court of Pennsylvania · 1892
- Murphy v. MortonSupreme Court of Pennsylvania · 1891
3Cited by15 opinions
- Clayton v. LienhardSupreme Court of Pennsylvania · 1933
- Schwartz v. WhelanSupreme Court of Pennsylvania · 1929
- Gordon v. NortonSupreme Court of Pennsylvania · 1898
- Lucas v. O'BrienSupreme Court of Pennsylvania · 1894
- Rynd v. Pittsburg NatatoriumSupreme Court of Pennsylvania · 1896
10 more not listed; retrieve them via the Exa API.