Alguire v. Keller
Superior Court of Pennsylvania
Appeal, No. 30, April T., 1917, by plaintiff, from judgment of C. P. Allegheny Co., July T., 1914, No. 2337, for defendant n. o. v. in case of James Alguire v. Oswald Keller and Edward P. Gerber. Scire facias sur mechanic’s lien for excavation work.
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Appeal, No. 30, April T., 1917, by plaintiff, from judgment of C. P. Allegheny Co., July T., 1914, No. 2337, for defendant n. o. v. in case of James Alguire v. Oswald Keller and Edward P. Gerber. Scire facias sur mechanic’s lien for excavation work. Before Davis, J. At the trial the jury returned a verdict for the plaintiff for $266.87. The court subsequently entered judgment for defendant n. o. v., on the ground that no building had been erected to which a lien could attach. Error assigned was in entering judgment for defendant n. o. v.
1Opinion of the Court
Opinion by
Williams, J.,
This was a sci. fa. sur mechanic’s lien.
*280Keller, the owner of a piece of ground, made an agreement with the plaintiff to do the excavating for an apartment house which he intended to erect thereon. Plaintiff commenced work November 18, 1912, and continued until December 9, when Keller told him to discontinue for the winter, in June, 1913, Keller told plaintiff he did not intend to go on with the building.
At the trial there was a finding for the plaintiff. The court below entered judgment n. o. v., because, inter alia, a lien could not be filed for excavation work, no…
2Cases cited4 opinions
- Page v. CarrSupreme Court of Pennsylvania · 1911
- McCristal v. CochranSupreme Court of Pennsylvania · 1892
- Wigton & Brooks's AppealSupreme Court of Pennsylvania · 1857
- Presbyterian Church v. StettlerSupreme Court of Pennsylvania · 1856
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- Albuquerque Lumber Co. v. Montevista Co.New Mexico Supreme Court · 1934
- Clo-Car Trucking Co. v. Clifflure Estates of South Carolina, Inc.Court of Appeals of South Carolina · 1984
- Dagit v. Radnor Convalescent & Nursing Home, Inc., Pennsylvania Court of Common Pleas, Delaware County1965