Burr v. Mazer
Superior Court of Pennsylvania
Appeal, No. 61, April T., 1896, by-defendant, from judgment of C. P. No. 1, Allegheny County, March T., 1895, No. 258, on verdict for plaintiff. Appeal by defendant from judgment of alderman in favor of plaintiff.
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Appeal, No. 61, April T., 1896, by-defendant, from judgment of C. P. No. 1, Allegheny County, March T., 1895, No. 258, on verdict for plaintiff. Appeal by defendant from judgment of alderman in favor of plaintiff. It appeared from the evidence that on April 15,1898, the congregation Agudis Hachim, a corporation of the first class, located at Pittsburg, entered into a written contract with William Thomas to erect and build a synagogue in said city for the price or sum of $11,000, $1,000 of which was to be paid when the excavation for the foundation was completed. The contract was executed…
1Opinion of the Court
Opinion by
Rice, P. J.,
At the time the promise was made the plaintiff had a valid lien upon the church property which he could have enforced by filing his claim within the time prescribed by statute and proceeding thereon by sci. fa. This proposition is questioned upon the ground that where a contractor for the erection of a building abandons the contract before completion and the erection of the building is completed under another contractor the subcontractor loses his right to file a lien. But we are unable to agree to this. Treating the contractor as the owner’s agent for the time being, as…
2Cases cited15 opinions
- Nugent v. WolfeSupreme Court of Pennsylvania · 1886
- Ames v. FosterMassachusetts Supreme Judicial Court · 1871
- Maule v. BucknellSupreme Court of Pennsylvania · 1865
- Meriden Britannia Co. v. . ZingsenNew York Court of Appeals · 1872
- Fehlinger v. WoodSupreme Court of Pennsylvania · 1890
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3Cited by6 opinions
- Klein v. RandSuperior Court of Pennsylvania · 1908
- Stouffer v. JacksonSuperior Court of Pennsylvania · 1910
- Blumer v. DorfmanSuperior Court of Pennsylvania · 1970
- Collins v. HerwickSuperior Court of Pennsylvania · 1933
- Karwoski v. Berks County Poor District, Pennsylvania Court of Common Pleas, Berks County1935
1 more not listed; retrieve them via the Exa API.