Legal Opinion

Blaisdell v. Dean

Superior Court of Pennsylvania

Decided March 23, 1899No. Appeal, No. 18PublishedCited by 2 opinions

Appeal, No. 18, Feb. T., 1899, by plaintiff, from judgment of C. P. Lycoming Co., Sept. T., 1898, No. 360, striking off mechanic’s lien. Opinion by W. W. Porter, J. Rule to strike off mechanic’s lien.

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Appeal, No. 18, Feb. T., 1899, by plaintiff, from judgment of C. P. Lycoming Co., Sept. T., 1898, No. 360, striking off mechanic’s lien. Opinion by W. W. Porter, J. Rule to strike off mechanic’s lien. Before Metzger, P. J. It appears from the record that plaintiff, a subcontractor, filed a lien against a house owned by Hettie K. Dean for $320, and built by David P. Guise, contractor, the contract having been entered into on January 10, 1897. On February 13, 1897, the following stipulation was entered into between the owner and contractor and filed in the court of common pleas to No. 10, March…

1Opinion of the Court

Opinion by

William W. Porter,

The Act of June 26,1895, P. L. 36.9, provides that the owner of property may protect himself against the filing of a mechanic’s lien by a contractor, or by any subcontractor, under a contract to build, by filing with the prothonotary the Avritten contract in which it has been agreed that no lien shall be filed, or by filing a written stipulation, separate and apart from the contract. I n the present case the owner entered into a written contract for *643the erection of a building, in which contract was contained a stipulation that no liens should be filed. He did not…

2Cited by2 opinions

  1. Cutter v. PiersonSuperior Court of Pennsylvania · 1904
  2. Phelps v. BurnsSuperior Court of Pennsylvania · 1901

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