Dersheimer v. Maloney
Supreme Court of Pennsylvania
No. 324 January Term 1891, Sup. Ct., court below, No. 64 December Term 1887, C. P. On October 1, 1887, P. W. Dersheimer and B. Griffin, trading as Dersheimer & Griffin, issued a scire facias sur mechanics’ lien filed against Thomas Maloney, owner or reputed owner, and Thomas J. Nichols, contractor. The defendant Maloney pleaded nil debet, payment with leave, etc.
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No. 324 January Term 1891, Sup. Ct., court below, No. 64 December Term 1887, C. P. On October 1, 1887, P. W. Dersheimer and B. Griffin, trading as Dersheimer & Griffin, issued a scire facias sur mechanics’ lien filed against Thomas Maloney, owner or reputed owner, and Thomas J. Nichols, contractor. The defendant Maloney pleaded nil debet, payment with leave, etc. At the trial on January 15, 1891, it was made to appear that, on August 10, 1886, Thomas Maloney, the defendant, entered into a contract, under seal, with one Thomas J. Nichols, whereby the said Nichols, in consideration of $7,220,…
1Opinion of the Court
Opinion,
Mr. Justice Sterrett:
The lien in question was filed by plaintiffs against the building erected by Thomas J. Nichols, one of the defendants, for Thomas Maloney, the other defendant, under a written contract the seventh clause of which provides, inter alia, that “ the owner will not in any manner be answerable.....for any of the materials or other things used and employed in finishing and completing the said works,” etc. In the second clause, specifying the terms and conditions on which payments on account of the work shall be made as it progresses, it is provided, among other things,…
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