Rynd v. Pittsburg Natatorium
Supreme Court of Pennsylvania
Appeal, No. 229, Oet. T., 1895, by the corporation defendant, from judgment of C. P. No. 2, Allegheny Co., Jan. T., 1892, No. 392, on verdict for plaintiff. Scire facias sur mechanic’s lien. Before Ewing, P. J. At the trial it appeared that on September 14,1889, Kountz Brothers entered into a contract with the Pittsburg Natatorium, a corporation, to build a natatorium building.
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Appeal, No. 229, Oet. T., 1895, by the corporation defendant, from judgment of C. P. No. 2, Allegheny Co., Jan. T., 1892, No. 392, on verdict for plaintiff. Scire facias sur mechanic’s lien. Before Ewing, P. J. At the trial it appeared that on September 14,1889, Kountz Brothers entered into a contract with the Pittsburg Natatorium, a corporation, to build a natatorium building. The 9th clause of the agreement provided, as follows: “ Before final settlement the parties of the second part shall furnish the party of the first part a release of liens properly signed and attested to by all parties…
1Opinion of the Court
Opinion by
Mr. Justice Green,
There is nothing in the original contract between Kountz Bros, and the defendant that would prevent the plaintiff from filing his lien and recovering upon it. The ninth article of the agreement provides that, “ Before final settlement the parties of the second part shall furnish the party of the first part a release of liens properly signed and attested to by all parties that would have a legal right to file liens against said building.” Instead of this being a covenant against liens it is a full recognition of the right to file liens by anybody having furnished…
2Cases cited2 opinions
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