Scheid v. Rapp
Supreme Court of Pennsylvania
ERROR TO THE COURT OF COMMON PLEAS OF LANCASTER COUNTY. No. 87 July Term 1887, Sup. Ct.; court below, No. 72 September Term 1885, C. P. On September 8, 1885, there was issued a scire facias sur mechanics’ lien, filed byDionis Rapp against Valentine Scheid. The defendant pleaded, “ nil debet, payment, payment with leave, set-off, and no lien.”
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ERROR TO THE COURT OF COMMON PLEAS OF LANCASTER COUNTY. No. 87 July Term 1887, Sup. Ct.; court below, No. 72 September Term 1885, C. P. On September 8, 1885, there was issued a scire facias sur mechanics’ lien, filed byDionis Rapp against Valentine Scheid. The defendant pleaded, “ nil debet, payment, payment with leave, set-off, and no lien.” At the trial on January 25, 1887, the plaintiff read in evidence the claim, dated March 10,1885, filed of record as a mechanics’ lien the same day, wherein was claimed by the attached bill of particulars the sum of $3,310.77, due to the claimant for work…
1Opinion of the Court
*596Opinion,
Mr. Justice Sterrett :
Plaintiff below agreed to erect and' complete defendant’s building, according to plans and specifications, by August 1, 1884, for $3,090, payable $300 every two weeks during the intervening five months. He also covenanted “ for himself, his heirs, executors, and administrators, that he will not suffer or permit to be filed.....any mechanics’ lien or liens against the said building for the period of six months after its completion.”
The sole question is whether the contractor by his covenant waived the right to file, or authorize a lien to be filed in his own…
2Cases cited1 opinion
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