Young v. Lyman
Supreme Court of Pennsylvania
iN'error from the Common Pleas of Montgomery. Dec. 29. Two cases between the same parties were heard together. In the first, a claim was filed for $800, for work and materials, consisting of lumber, stone, &c., &c., and other labour and materials done and furnished within six months last past, to wit, between, &c., which were done and furnished under a verbal contract entered into on, &c., between plaintiff and J. M. L., agent of defendants, owners and contractors, and who…
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iN'error from the Common Pleas of Montgomery. Dec. 29. Two cases between the same parties were heard together. In the first, a claim was filed for $800, for work and materials, consisting of lumber, stone, &c., &c., and other labour and materials done and furnished within six months last past, to wit, between, &c., which were done and furnished under a verbal contract entered into on, &c., between plaintiff and J. M. L., agent of defendants, owners and contractors, and who continued to be owners, or reputed owners, until two of them, then being owners, ordered the further work on the building…
1Opinion of the CourtBurnside, J.
The Common Pleas ruled this ease on the authority of Noll v. Swineford, 6 Barr, 187. We-think the cases are essentially different.' There the plaintiff was not the contractor, but a carpenter employed at the church, who filed his claim for work and labour done, and for materials, i. e. lumber, furnished. The court held that such a claimant must, under the act of 1836, state the amount claimed for each, as a distinct item, ' or the omission would render it totally invalid. But here the lien is filed by the contractor, who covenanted with the defendant to build four frame houses, to be put up…
2Cases cited1 opinion
- Hoatz v. PattersonSupreme Court of Pennsylvania · 1843
3Cited by11 opinions
- Murphy v. BearSupreme Court of Pennsylvania · 1913
- Sumption v. RogersSuperior Court of Pennsylvania · 1913
- Chapman v. FaithSuperior Court of Pennsylvania · 1902
- Johnson v. KusminskySupreme Court of Pennsylvania · 1926
- Brown v. Myers & Rathfon, Pennsylvania Court of Common Pleas, Lancaster County1892
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