Shannon v. Philadelphia German Protestant Home for the Aged
Superior Court of Pennsylvania
Appeal, No. 137, Oct. T., 1900, by plaintiffs, from order of C. P. No. 4, Phila. Co., March T., 1900, No. 79, M. L. D., discharging rule for judgment for want of a sufficient affidavit of defense in case of Alfred P. Shannon and Edwin H. Shannon, trading as J. B. Shannon & Sons, v. Philadelphia German Protestant Home for the Aged, owner or reputed owner, and J. Y. Bennett and S. W. Rothrock, trading as Bennett & Rothrock, Contractors. Scire facias sur mechanics’ liens.
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Appeal, No. 137, Oct. T., 1900, by plaintiffs, from order of C. P. No. 4, Phila. Co., March T., 1900, No. 79, M. L. D., discharging rule for judgment for want of a sufficient affidavit of defense in case of Alfred P. Shannon and Edwin H. Shannon, trading as J. B. Shannon & Sons, v. Philadelphia German Protestant Home for the Aged, owner or reputed owner, and J. Y. Bennett and S. W. Rothrock, trading as Bennett & Rothrock, Contractors. Scire facias sur mechanics’ liens. Rule for judgment for want of a sufficient affidavit of defense. From the record it appeared that the lien was filed by…
1Opinion of the Court
Opinion by
W. D. Porter, J.,
It had been repeatedly decided prior to the year 1895 that where a building contract contained an express covenant against liens, or such a covenant clearly appeared as a necessary implication from the language employed, that subcontractors and material men were bound by the covenants of the original contractor. The power of the legislature to deprive the parties of freedom to make contracts of this character, or to relieve a subcontractor from the consequences thereof, unless he consented thereto, was expressly denied in Waters v. Wolf, 162 Pa. 153. In the opinion…
2Cases cited10 opinions
- Nice v. WalkerSupreme Court of Pennsylvania · 1893
- Commonwealth Title Insurance & Trust Co. v. EllisSupreme Court of Pennsylvania · 1899
- Samuel J. Creswell Iron Works v. O'BrienSupreme Court of Pennsylvania · 1893
- Waters v. WolfSupreme Court of Pennsylvania · 1894
- Ballman v. HeronSupreme Court of Pennsylvania · 1894
5 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Brubacher Excavating Inc. v. Commerce Bank/Harrisburg N.A., Pennsylvania Court of Common Pleas, Lancaster County2008
- Bithell v. DivenSuperior Court of Pennsylvania · 1901