Hinchman v. Lybrand
Supreme Court of Pennsylvania
IN ERROR. This cause was decided in the District Court for the city and county of Philadelphia, and was brought before this court by writ of error* on a case stated, in the nature of a special verdict. didam Hinchman, the plaintiff below, being by trade a brick-maker, furnished bricks for two houses to be built by the defendant, George C. Lybrand.
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IN ERROR. This cause was decided in the District Court for the city and county of Philadelphia, and was brought before this court by writ of error* on a case stated, in the nature of a special verdict. didam Hinchman, the plaintiff below, being by trade a brick-maker, furnished bricks for two houses to be built by the defendant, George C. Lybrand. The. contract was in writing, by which the defendant agreed to purchase the bricks of the plaintiff, at the rate of eight dollars and fifty cents per thousand — “ three hundred dollars to be paid in cash, when the buildings were topped out, and the…
1Opinion of the Court
The opinion of the court was delivered by
Tilghman, C. J.
It is contended on the part of the defendant, that under the circumstances in the case stated, the lien of the plaintiff is extinguished. If it is so, it an extinguishment by implication, for it is not pretended that there was any express waiver or release of the lien. There is no inconsistency in the plaintiff’s accepting the guarantee of Smith, and retaining his lien. If Smith satisfied the whóle demand of the- plaintiff, there would be an end of the lien; but, if he did not, the lien ought to be resorted to. Indeed, it was for the…
2Cases cited1 opinion
- Kauffelt v. BowerSupreme Court of Pennsylvania · 1821
3Cited by2 opinions
- Ford v. Wilson & Co.Supreme Court of Georgia · 1890
- Allen v. LincolnHawaii Supreme Court · 1894