Hershey v. Shenk
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lancaster county: No. 12, to May Term 1868. On the 13th of November 1866, Benjamin E. Shenk and Robert H. Long entered a mechanics’ lien against Solomon Hershey and Joseph McGrlinn, contractors, and William A. 0. Thompson, owner, &c.
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Error to the Court of Common Pleas of Lancaster county: No. 12, to May Term 1868. On the 13th of November 1866, Benjamin E. Shenk and Robert H. Long entered a mechanics’ lien against Solomon Hershey and Joseph McGrlinn, contractors, and William A. 0. Thompson, owner, &c. The claim was for “ $105.99, against all those two two-story brick dwelling houses, with small double frame building in the yard, situated in the southeastern part of the city of Lancaster, bounded,” &e., being a debt contracted for lumber about the erection and construction of the buildings, according to a bill annexed: On…
1Opinion of the Court
The opinion of the court was delivered, May 14th 1868, by
Sharswood, J.
The 1st assignment of error is to the charge of the court below upon the question of the liability of the building to the liens of mechanics. The instruction to the jury was: “ If you believe from the testimony that there was a radical change made in the form and appearance of the house, as the testimony seems to indicate, and as is manifested by the taking out of the gable end of the old building, extending the same and enlarging it so much as to make two houses, and also materially altering the internal structure of the…
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