McCarthy v. Reese

419 Pa. 489 (1965)

McCarthy, Appellant,

v.

Reese.

Supreme Court of Pennsylvania.

Argued April 23, 1965.

October 13, 1965.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.

Lloyd B. White, Jr., for appellant.

J.T. Mulligan, with him Francis R. Lord, for appellee.

OPINION BY MR. JUSTICE COHEN, October 13, 1965:

This is an appeal from an order of the lower court dismissing plaintiff-claimant's rule to show cause why the record satisfaction of his mechanic's lien should not be expunged. The order must be reversed.

Claimant is a general contractor who contracted to construct a…