Legal Opinion

Martin v. Draher

Supreme Court of Pennsylvania

Decided October 15, 1836PublishedCited by 5 opinions

ERROR to the common pleas of JUlegliany county. Patrick Martin against Jacob Draher. Scire facias sur mechanic’s lien. Upon the facts of the case so fully stated in the opinion of this court, the court below (Dallas, President) was of opinion that the plaintiff could not recover.

1Opinion of the Court

The opinion of the Court was delivered by

Huston, J.

This case arises on a state of facts, as follows:— Jacob Draher was a bricklayer, and Patrick Martin a labourer, and each proposed to build a house for himself. Draher applied to Leonard to sell him lumber, who refused to sell to him;-he procured Martin to go to Leonard, and Leonard agreed to sell the lumber for Draher’s house, to Martin. It was taken away, was charged to Martin, and paid for by Martin; and it was stated and clearly proved that Draher was to pay Martin for this lumber, by labour in laying bricks for Martin, in the house which…

2Cited by5 opinions

  1. Kann v. KannSupreme Court of Pennsylvania · 1918
  2. Risher v. RisherSupreme Court of Pennsylvania · 1899
  3. Haynes v. WaiteCalifornia Supreme Court · 1859
  4. Harmony Creamery Co. v. BickertonSuperior Court of Pennsylvania · 1914
  5. Clarke v. Omaha & Southwestern RailroadNebraska Supreme Court · 1876

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