Wyss v. Beaver Valley Brewing Co.
Supreme Court of Pennsylvania
Appeal, No. 152, Oct. T., 1906, by plaintiff, from judgment of C. P. Beaver Co., March T., 1905, No. 85, on verdict for defendant in case of Gothard Wyss v. Beaver Valley Brewing Company. Scire facias sur mechanic’s lien. Before Holt, P. J. The facts appear by the report of the case of Wyss-Thalman v. Beaver Valley Brewing Company, ante, p. 435. The court gave binding instructions for defendant. Verdict and judgment for defendant. Plaintiff appealed.
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Appeal, No. 152, Oct. T., 1906, by plaintiff, from judgment of C. P. Beaver Co., March T., 1905, No. 85, on verdict for defendant in case of Gothard Wyss v. Beaver Valley Brewing Company. Scire facias sur mechanic’s lien. Before Holt, P. J. The facts appear by the report of the case of Wyss-Thalman v. Beaver Valley Brewing Company, ante, p. 435. The court gave binding instructions for defendant. Verdict and judgment for defendant. Plaintiff appealed. JSrror assigned was in giving binding instructions for defendant.
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
All that has been said in Wyss-Thalman v. Beaver Valley Brewing Company, ante, p. 435, applies to this case. The equities are stronger against the appellant here. Under the contract of August 10, 1904, appellant was relieved of his personal liability to his subcontractors, amounting to more than $90,000, and he received a second mortgage in the sum of $55,000 for the balance due him on his building contract. He accepted the mortgage, had it recorded, and has received the interest as it accrued from time to time. The mortgage is in the exact terms of the contract,…
2Cases cited1 opinion
- Rynd v. Pittsburg NatatoriumSupreme Court of Pennsylvania · 1896
3Cited by1 opinion
- Houser & Green v. MatsingerSuperior Court of Pennsylvania · 1931