Legal Opinion

Lee v. Exeter Club

Superior Court of Pennsylvania

Decided March 23, 1899No. Appeal, No. 20PublishedCited by 5 opinions

Appeal, No. 20, Jan. T., 1899, by plaintiff, from judgment of C. P. Luzerne Co., Feb. T., 1898, No. 443, -striking off a portion of mechanic’s lien. Rule to strike off mechanic’s lien. Before Lynch, J. It appears from the record that the lien in question was filed August 3, 1897. It was averred in the claim that the Exeter Club was the owner, Wm. O’Malley & Son were contractors. The amount claimed to be due was $540.65 for material furnished.

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Appeal, No. 20, Jan. T., 1899, by plaintiff, from judgment of C. P. Luzerne Co., Feb. T., 1898, No. 443, -striking off a portion of mechanic’s lien. Rule to strike off mechanic’s lien. Before Lynch, J. It appears from the record that the lien in question was filed August 3, 1897. It was averred in the claim that the Exeter Club was the owner, Wm. O’Malley & Son were contractors. The amount claimed to be due was $540.65 for material furnished. The bill of items annexed to the claim'set out 102 items of charge without giving any price,' but which were followed by this sentence, “ to mldgs.,…

1Opinion of the Court

Opinion by

Beaver, J.,

The plaintiff, a subcontractor, filed a mechanic’s lien against the building of the Exeter Club, describing the owner and contractor or builder. He is to be held to a strict compliance with the provisions of the Act of June 16, 1836, P. L. 695, sec. 11, which prescribes the requisites of the claim of persons entitled to a lien thereunder, because, as a subcontractor, he is bound to give to the owner full information as to character, quantity and price of the several articles furnished by him to the contractor in and about the erection and construction of the building…

2Cases cited7 opinions

  1. McFarland v. SchultzSupreme Court of Pennsylvania · 1895
  2. Wharton v. Real Estate Investment Co.Supreme Court of Pennsylvania · 1897
  3. Lee v. BurkeSupreme Court of Pennsylvania · 1870
  4. Fahnestock v. SpeerSupreme Court of Pennsylvania · 1879
  5. Russell v. BellSupreme Court of Pennsylvania · 1863

2 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Sumption v. RogersSuperior Court of Pennsylvania · 1913
  2. Chapman v. FaithSuperior Court of Pennsylvania · 1902
  3. Duplex Elec. Co. v. Simons, Brittain & English, Inc.Superior Court of Pennsylvania · 1931
  4. Koons v. Harding, Pennsylvania Court of Common Pleas, Dauphin County1923
  5. William E. Rossi Construction Co. v. Bylawckas, Pennsylvania Court of Common Pleas, Philadelphia County1951

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