Barclay v. Wainwright
Supreme Court of Pennsylvania
Error to tbe Court of Common Pleas, No. 1, of Philadelphia county: Of July Term 1877, No. 113. Scire facias sur mechanic’s lien, issued September 5th 1876, by Wainwright & Bryant against William K. Barclay, owner, and Ransom Rogers, contractor, for lumber furnished in the erection of a theatre on the southwest corner of Tenth and Callowhill streets,.in the city of Philadelphia.
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Error to tbe Court of Common Pleas, No. 1, of Philadelphia county: Of July Term 1877, No. 113. Scire facias sur mechanic’s lien, issued September 5th 1876, by Wainwright & Bryant against William K. Barclay, owner, and Ransom Rogers, contractor, for lumber furnished in the erection of a theatre on the southwest corner of Tenth and Callowhill streets,.in the city of Philadelphia. Barclay filed an affidavit of defence, which set forth in substance that he is the owner in fee of the lot of ground against ■ which this lien was filed; that said property, with a theatre thereon, was demised by…
1Opinion of the CourtJustice Sharswood
It would not be easy, and might be dangerous, to lay down any general rule by which to determine, in all cases, whether an improvement lease does or does not come within the intent and spirit of the 24th section of the Act of April 28th 1840, Pamph. L. 474, so as to subject the ground and building to the lien of a mechanic or material-man. As was said by Chief Justice Lowrie, in Woodward v. Leiby, 12 Casey 441, “We do not confound building contracts, payable in rents, with improvement leases; though we do not anticipate experience by any theoretical definition of their exact differences. Our…
2Cited by3 opinions
- Scott Manufacturing Co. v. MorganSupreme Court of Pennsylvania · 1907
- Leslie v. LeonardSuperior Court of Pennsylvania · 1899
- Edwards v. Stevens, Pennsylvania Court of Common Pleas, Chester County1977