Broncucia v. McGee

This lawsuit arose out of efforts by Dorothy and Alfred Broncucia (the Broncucias) to develop a “drag strip” near Erie.

McGee, defendant in error (with the Esco Paving Company, no longer a party to the litigation), commenced this lawsuit to forclose a mechanic’s lien. McGee contracted with the Broncucias to erect three grandstands or bleachers adjacent to the drag strip. The structures were to be built pursuant to mutually agreed upon plans and specifications.

The Broncucias denied the allegations of McGee’s complaint, asserted various affirmative defenses, and set forth 'two counterclaims. It…