Bithell v. Diven
Superior Court of Pennsylvania
Appeal, Nos. 155, 156 and 157, April T., 1901, by defendants, from judgment of C. P. No. 2, Allegheny Co., Oct. T., 1899, Nos. 656, 668 and 669, on verdict for plaintiff in case of F. W. Bithell v. J. A. Diven, Contractor, and James A. Logan, Owner. Scire facias sur mechanic’s lien,. Before Frazer, J. At the trial it appeared that plaintiff was a subcontractor under a contract between J. H. Diven, contractor, and James A. Logan, owner.
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Appeal, Nos. 155, 156 and 157, April T., 1901, by defendants, from judgment of C. P. No. 2, Allegheny Co., Oct. T., 1899, Nos. 656, 668 and 669, on verdict for plaintiff in case of F. W. Bithell v. J. A. Diven, Contractor, and James A. Logan, Owner. Scire facias sur mechanic’s lien,. Before Frazer, J. At the trial it appeared that plaintiff was a subcontractor under a contract between J. H. Diven, contractor, and James A. Logan, owner. The defendant claimed that under the contract a subcontractor had no right to file a lien. The material portions of the contract are quoted in the opinion of…
1Opinion of the Court
Opinion by
W. D. Porter, J.,
The appellant has, as required by the rule of this court, correctly stated the question involved in this case : “ The sole question is whether the contract duly put of record .... is a sufficient no lien ’ contract under the law.” The written agreement between the chief contractor and the owner was duly filed of record as required by the statute. The plaintiff was a subcontractor who did work upon the building, and his right to recover is dependent upon the terms of the original contract. The covenants of the contract material to the determination of this question…
2Cases cited13 opinions
- Nice v. WalkerSupreme Court of Pennsylvania · 1893
- Commonwealth Title Insurance & Trust Co. v. EllisSupreme Court of Pennsylvania · 1899
- Moore v. Carter, Pennsylvania Court of Common Pleas, Alleghany County1892
- Samuel J. Creswell Iron Works v. O'BrienSupreme Court of Pennsylvania · 1893
- Ballman v. HeronSupreme Court of Pennsylvania · 1894
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