Bradley v. Gaghan
Supreme Court of Pennsylvania
Appeals, Nos. 165, 166 and 167, Jan. T., 1903, by plaintiff, from order of C. P. No. 1, Phila. Co., Dec. T., 1899, Nos. 99, 100 and 101, M. L. D., overruling exceptions to report of referee in case of W. T. Bradley Co. v. Wm. Gaghan, Owner, and Florey & Bevan, Contractors. Amicable scire facias sur mechanics’ liens. Exceptions to report of William H. Staake, Esq., referee.
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Appeals, Nos. 165, 166 and 167, Jan. T., 1903, by plaintiff, from order of C. P. No. 1, Phila. Co., Dec. T., 1899, Nos. 99, 100 and 101, M. L. D., overruling exceptions to report of referee in case of W. T. Bradley Co. v. Wm. Gaghan, Owner, and Florey & Bevan, Contractors. Amicable scire facias sur mechanics’ liens. Exceptions to report of William H. Staake, Esq., referee. The referee reported, inter alia, as follows : . 1. There can be in the opinion of the referee no lien for materials furnished for sidewalks (Clymer Paving Co. v. Donegan, 36 W. N. C. 261), and if that be the true view of…
1Opinion of the Court
Per Curiam,
The learned referee below found, as facts, first, that these' liens are upon different blocks of houses, separated by public streets; second, that the only item of the materials for which the liens are filed, furnished within six months, was furnished indiscriminately to the three blocks, or if to any one of them separately, it was not shown which; third, that the said item consisted of cement which was used partly or wholly in the construction of sidewalks ; and fourth that the claims were not sufficiently proved. On these facts the judgment was right, and it is affirmed on the…
2Cited by6 opinions
- Sumption v. RogersSuperior Court of Pennsylvania · 1913
- Pierce, Butler & Pierce Mfg. Co. v. RogersSuperior Court of Pennsylvania · 1915
- Hamme v. Lockamy, Pennsylvania Court of Common Pleas, Adams County1964
- Merritt Lumber Yards, Inc. v. G. E. B. Enterprises, Inc., Pennsylvania Court of Common Pleas, Montgomery County1960
- Morrissey Construction Co. v. Cross Realty Co., Pennsylvania Court of Common Pleas, Montgomery County1969
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