Legal Opinion

Hastings v. Thompson

Superior Court of Pennsylvania

Decided July 13, 1911No. Appeal, No. 116PublishedCited by 1 opinion

Appeal, No. 116, April T., 1911, by defendant, Richard Thompson, from judgment of C. P. No. 3, Allegheny Co., Nov. T., 1907, No. 453, on verdict for plaintiff in case of Robert Hastings v. Richard Thompson, owner or reputed owner and George Doherty. Scire facias sur mechanic’s lien. Before Davis, J. The opinion of the Superior Court states the case. Verdict and judgment for plaintiff for $231.16. Defendant appealed.

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Appeal, No. 116, April T., 1911, by defendant, Richard Thompson, from judgment of C. P. No. 3, Allegheny Co., Nov. T., 1907, No. 453, on verdict for plaintiff in case of Robert Hastings v. Richard Thompson, owner or reputed owner and George Doherty. Scire facias sur mechanic’s lien. Before Davis, J. The opinion of the Superior Court states the case. Verdict and judgment for plaintiff for $231.16. Defendant appealed. Errors assigned were (1) refusal of binding instructions for Richard Thompson; (4, 5) in permitting plaintiff to offer additional evidence after the defendant had moved for a…

1Opinion of the Court

Opinion by

Henderson, J.,

The plaintiff was a subcontractor employed to build a foundation for the house which Doherty, the contractor, had agreed to build for the appellant. The subcontractor’s undertaking was for the whole of the foundation work at the price of $4.35 a perch. The plaintiff began the work about July 25, and had it practically completed on August 10. A little additional work was to be done after the sills were laid by the carpenters. On the date last named the contractor filed a voluntary petition in bankruptcy and the same day was adjudged a bankrupt. Proceedings were then…

2Cases cited3 opinions

  1. McCoy v. NiblickSupreme Court of Pennsylvania · 1908
  2. Wagner v. BurnhamSupreme Court of Pennsylvania · 1909
  3. Barnhart v. PettitSupreme Court of Pennsylvania · 1853

3Cited by1 opinion

  1. In re Hempfield Homes, Inc.District Court, E.D. Pennsylvania · 1959

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