McVey v. Kaufmann
Supreme Court of Pennsylvania
Appeal, No. 70, Oct. T., 1908, by defendants, from judgment of C. P. No. 2, Allegheny Co., July T., 1905, No. 831, on verdict for plaintiffs in case of James S. Mc-Vey and John McMurray, partners as the Iron City Heating Company, v. Isaac Kaufmann et al., trading as Kaufmann Brothers. Scire facias sur mechanic’s lien. Before Frazer, P. J. The facts are stated in the opinion of the Supreme Court. Verdict and judgment for plaintiffs for $3,886.55. Defendants appealed.
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Appeal, No. 70, Oct. T., 1908, by defendants, from judgment of C. P. No. 2, Allegheny Co., July T., 1905, No. 831, on verdict for plaintiffs in case of James S. Mc-Vey and John McMurray, partners as the Iron City Heating Company, v. Isaac Kaufmann et al., trading as Kaufmann Brothers. Scire facias sur mechanic’s lien. Before Frazer, P. J. The facts are stated in the opinion of the Supreme Court. Verdict and judgment for plaintiffs for $3,886.55. Defendants appealed. Error assigned was in refusing binding instructions for defendants.
1Opinion of the Court
Opinion by
Mr. Justice Brown,
The claim filed in this case is that of subcontractors. A con*127dition precedent to their right to file it was that they had given Kaufmann Brothers, the owners of the building, written notice of their intention to file it, together with a sworn statement setting forth the contract under which they claimed, the amount alleged to be still due and how made up, the kind of labor or materials furnished and the date when the last work was done or materials were furnished. This is the requirement of sec. 8 of the Act of June 4,1901, P. L. 431. The sixth point presented by…
2Cases cited3 opinions
- Thirsk v. EvansSupreme Court of Pennsylvania · 1905
- Westmoreland Guarantee Building & Loan Ass'n v. ConnorSupreme Court of Pennsylvania · 1907
- Tenth National Bank v. Smith Construction Co.Supreme Court of Pennsylvania · 1907
3Cited by18 opinions
- Intercoastal Lumber Distributors, Inc. v. DerianSuperior Court of Pennsylvania · 1934
- Burger v. S. R. Moss Cigar Co.Supreme Court of Pennsylvania · 1909
- City of York v. MillerSupreme Court of Pennsylvania · 1916
- Moss & Blakeley Plumbing Co. v. SchauerSuperior Court of Pennsylvania · 1942
- Miller v. FitzSuperior Court of Pennsylvania · 1910
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