Mayer v. Brimmer
Superior Court of Pennsylvania
Appeal, No. 55, Oct. T., 1900, by plaintiff, in suit of Israel P. Mayer against John F. Brimmer, from order of C. P. Lancaster Co., Sept. T., 1895, No. 26, refusing to grant a rule to show cause why judgment should not be amended and modified or stricken from the record. Per Curiam. Rule to strike off judgment.
Read the full summary
Appeal, No. 55, Oct. T., 1900, by plaintiff, in suit of Israel P. Mayer against John F. Brimmer, from order of C. P. Lancaster Co., Sept. T., 1895, No. 26, refusing to grant a rule to show cause why judgment should not be amended and modified or stricken from the record. Per Curiam. Rule to strike off judgment. Before Livingston, P. J. It appears from the record that the action was assumpsit to secure the amount alleged to be due on a contract, and for extra work for erecting and constructing a dwelling house and stable by the plaintiff for defendant. A special verdict was entered for…
1Opinion of the Court
Per Curiam,
If there was any irregularity in the.proceedings after verdict it seems to have been invited by the plaintiff’s point, which was as follows: “ Although mechanics’ liens are filed and the amount liquidated or unliquidated, and the contractor was under his agreement and contract to furnish a release of all liens before final payment, and said releases are not furnished, that is not a condition precedent to plaintiff’s recovery; the adjustment of the verdict is entirely within the control of the court upon judgment to be entered thereon, or execution.” Moreover, a question of law…
2Cases cited1 opinion
- Clarion, M. & P. R. v. HamiltonSupreme Court of Pennsylvania · 1889
3Cited by11 opinions
- Beaver Valley Water Co. v. Pennsylvania Public Utility CommissionSuperior Court of Pennsylvania · 1940
- Pittsburgh v. RuffnerSuperior Court of Pennsylvania · 1938
- Fisher v. FisherSuperior Court of Pennsylvania · 1920
- Pennsylvania R.R. v. P.S.C.Superior Court of Pennsylvania · 1935
- Friel v. BeadleSupreme Court of Pennsylvania · 1935
6 more not listed; retrieve them via the Exa API.