Schroeder v. Galland
Supreme Court of Pennsylvania
APPEAL BY DEPENDANTS FROM THE COURT OP COMMON PLEAS OP LACKAWANNA COUNTY. No. 178 January Term 1890, Sup. Ct.; court below, No. 691 October Term 1886, C. P. On September 17, 1887, Conrad Schroeder brought scire facias upon a mechanics’ lien against Anna M. Galland, owner or reputed owner, and B. Galland, her husband, and Charles Olmsted, contractor and builder. The defendants pleaded nil debent, payment with leave, etc.
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APPEAL BY DEPENDANTS FROM THE COURT OP COMMON PLEAS OP LACKAWANNA COUNTY. No. 178 January Term 1890, Sup. Ct.; court below, No. 691 October Term 1886, C. P. On September 17, 1887, Conrad Schroeder brought scire facias upon a mechanics’ lien against Anna M. Galland, owner or reputed owner, and B. Galland, her husband, and Charles Olmsted, contractor and builder. The defendants pleaded nil debent, payment with leave, etc. The issue joined was tried on December 9, 1887, when a verdict was rendered for the plaintiff in the sum of 11,656.03. A judgment entered thereon was afterwards reversed on…
1Opinion of the Court
Opinion,
Mr. Justice Green:
The plaintiff, Schroeder, was a sub-contractor under the principal contractor, Olmsted, for the execution of a part of the work of the construction of a house for the defendant Galland. In the contract between the owner and the principal contractor it was expressly stipulated that the building should be built, finished, and delivered over to the owner, “ free of all liens and encumbrances, or any claims whatever, that might arise under *283any action of the party of the second part, or his legal representatives, under this contract.” And, again, it is provided that the…
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