Legal Opinion

Kountz Bros. v. Consolidated Ice Co.

Superior Court of Pennsylvania

Decided July 13, 1905No. Appeal, No. 10PublishedCited by 1 opinion

Appeal, No. 10, April T., 1905, by plaintiff, from judgment of C. P. No. 2, Allegheny Co., April T., 1901, No. 358, on verdict for defendant in case of Kountz Brothers Company v. Consolidated Ice Company, owner, and Petter W. Herrington et al. Scire facias sur mechanic’s lien. Before- Rodgers, J. The opinion of the Superior Court states the facts of the case. Verdict and judgment for defendant. Plaintiff appealed.

Read the full summary

Appeal, No. 10, April T., 1905, by plaintiff, from judgment of C. P. No. 2, Allegheny Co., April T., 1901, No. 358, on verdict for defendant in case of Kountz Brothers Company v. Consolidated Ice Company, owner, and Petter W. Herrington et al. Scire facias sur mechanic’s lien. Before- Rodgers, J. The opinion of the Superior Court states the facts of the case. Verdict and judgment for defendant. Plaintiff appealed. Errors assigned were (1-4) answers to points quoted in the opinion of the Superior Court.

1Opinion of the Court

Opinion by

Beaver, J.,

The plaintiff, which furnished brick for the foundations for an engine in the erection of an ice manufacturing plant, under a contract with the principal contractor, was undoubtedly entitled to its hen, if the materials furnished by it were necessary to the erection of a primary or principal or essential part of said building: Parrish’s Appeal, 83 Pa. 111; Dimmick v. Cook, 115 Pa. 573; Owen v. Johnson, 174 Pa. 99. See also Schenck v. Uber & Tees, 81 Pa. 31, the case upon which the court below ruled this case; Duff v. Hoffman, 63 Pa. 191; Harlan v. Rand, 27 Pa. 511;…

2Cases cited8 opinions

  1. Harlan v. RandSupreme Court of Pennsylvania · 1856
  2. Owen v. JohnsonSupreme Court of Pennsylvania · 1896
  3. Parrish & Hazard's AppealSupreme Court of Pennsylvania · 1877
  4. Singerly v. DoerrSupreme Court of Pennsylvania · 1869
  5. Dimmick v. Cook Co.Supreme Court of Pennsylvania · 1887

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

3Cited by1 opinion

  1. Garber & Sons, Inc. v. Draper, Pennsylvania Court of Common Pleas, Lehigh County1954

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API