Getty v. Pennsylvania Institution for the Instruction of the Blind
Supreme Court of Pennsylvania
Appeal, No. 385, Jan. T., 1899, by plaintiffs, from decree of C. P. No. 1, Phila. Co., Dee. T., 1898, No. 1259, dismissing bill in equity. Bill in equity by subcontractors to compel owners of a building to account for retained percentage. The defendant demurred to the bill. The averments of the bill and the grounds for demurrer are fully stated in the opinion of the Supreme Court. •Errors assigned were in sustaining the demurrer and dismissing the bill.
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Appeal, No. 385, Jan. T., 1899, by plaintiffs, from decree of C. P. No. 1, Phila. Co., Dee. T., 1898, No. 1259, dismissing bill in equity. Bill in equity by subcontractors to compel owners of a building to account for retained percentage. The defendant demurred to the bill. The averments of the bill and the grounds for demurrer are fully stated in the opinion of the Supreme Court. •Errors assigned were in sustaining the demurrer and dismissing the bill. Under the fact stated in the bill appellees have no right to retain the fund. as against appellants and refuse to pay it to anybody: White v.…
1Opinion of the Court
Opinion by
Mr. Justice Dean,
The Pennsylvania Institution for the Instruction of the Blind, this defendant, on June 80, 1897, entered into a contract with Warner H. Jenkins & Company, by which Jenkins & Company undertook to construct for defendant at Overbrook, a building designed as a home and school for the blind; the contract was duly recorded, as provided by Act of June 26, 1895, P. L. 369. It is quite elaborate as to details, and minute as to specifications. Clause C is as follows: “ There shall be no lien or right to claim a lien against the building or its site for work or labor done or *574m…
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