Long v. Caffrey
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Luzerne county: Of January Term 1880, No. 263. Scire facias sur mechanics’ lien, issued by E. T. Long against John M. Caffrey. The defendant pleaded “Nil debet.” The plaintiff entered into a written agreement to .build a house for defendant, the price to be paid in instalments as' the house progressed.
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Error to the Court of Common Pleas of Luzerne county: Of January Term 1880, No. 263. Scire facias sur mechanics’ lien, issued by E. T. Long against John M. Caffrey. The defendant pleaded “Nil debet.” The plaintiff entered into a written agreement to .build a house for defendant, the price to be paid in instalments as' the house progressed. The agreement also contained the following stipulations: “And it is further agreed that no mechanic’s or other lien shall be entered against said building by the said Long or the material contractor or workmen. And it is further agreed that if any such lien…
1Opinion of the CourtJustice Mercur
This was a scire facias on a meohanie’s lien. The work was done and the materials furnished, for a gross sum, under a written agreement between the parties. The payments were to be made in several instalments, the last one some months after the completion and acceptance of the house. The contract contains this stipulation, “ And it is further agreed, that no mechanic’s or other lien shall be entered against said building by the said Long, or the material, contractor or workmen; and it is further agreed, that if any such lien be entered, that the said Long shall pay all costs and fees at his…
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