Legal Opinion

Lee v. Williams

Superior Court of Pennsylvania

Decided November 17, 1904No. 1; Appeal, No. 62PublishedCited by 1 opinion

Appeal, No. 62, Jan. T., 1904, by defendants from judgment of O. P. Luzerne Co., March T., 1898, No. 231, on verdict for plaintiff in case of George F. Lee and Frank J. Scouton trading as Lee & Seouton v. David Williams, et al., owners or reputed owners, and J. W. Zimmerman, contractors or builders. Scire facias sur mechanics’ liens. Before Ferris, J. The facts appear by the opinion of the Superior Court. Yerdict and judgment for plaintiff for $519.45. Defendant appealed.

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Appeal, No. 62, Jan. T., 1904, by defendants from judgment of O. P. Luzerne Co., March T., 1898, No. 231, on verdict for plaintiff in case of George F. Lee and Frank J. Scouton trading as Lee & Seouton v. David Williams, et al., owners or reputed owners, and J. W. Zimmerman, contractors or builders. Scire facias sur mechanics’ liens. Before Ferris, J. The facts appear by the opinion of the Superior Court. Yerdict and judgment for plaintiff for $519.45. Defendant appealed. Errors assigned were rulings on evidence quoted and referred to in the opinion of the Superior Court. The right of parties…

1Opinion of the Court

Opinion by

Beaver, J.,

When this case was here last year, 22 Pa. Superior Ct. 564, the judgment was reversed upon the ground that:

“The trial judge in the court below tried the case upon the theory that the cancelation of the original agreement having been made in good faith, for the purpose of making a new agreement, under which it would be possible to borrow money for the completion of the buildings, and a stipulation for (against) liens having been made part of the new agreement, and it having been recorded within the ten days required by the act of assembly, all parties furnishing material…

2Cases cited1 opinion

  1. Lee v. WilliamsSuperior Court of Pennsylvania · 1903

3Cited by1 opinion

  1. Lee v. WilliamsSuperior Court of Pennsylvania · 1906

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