Deeds v. Imperial Brick Co.
Supreme Court of Pennsylvania
Appeal, No. 143, Oct. T., 1907, by defendant, from judgment of C. P. No. 3, Allegheny Co., Aug. T., 1904, No. 502, on verdict for plaintiffs in case of George H. Deeds and James A. Deeds, Copartners as Deeds Brothers, v. Imperial Brick Company. Scire facias sur mechanic’s lien.
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Appeal, No. 143, Oct. T., 1907, by defendant, from judgment of C. P. No. 3, Allegheny Co., Aug. T., 1904, No. 502, on verdict for plaintiffs in case of George H. Deeds and James A. Deeds, Copartners as Deeds Brothers, v. Imperial Brick Company. Scire facias sur mechanic’s lien. Evans, J., charged in part as follows: [If you determine that the terms of the contract were that the plaintiffs were to superintend this building to its completion, then the plaintiffs are entitled to recover ten per cent upon the cost of construction of the building, exclusive of whatever items you will find it was…
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
From the nature and character of the affidavit of defense filed, and the manner in which this case was proceeded with, we must conclude that the effort of both sides, to some extent at least, was to try the case upon its merits. The attempt led to peculiar results. Ordinarily the affidavit of defense constitutes no part of the pleadings, but our recent act relating to mechanics’ liens contemplates that the real issue in such cases is to be defined through affidavit and counter affidavit. The issue of fact upon which the case was made to turn, would not have been…
2Cases cited1 opinion
- Tilford v. WallaceSupreme Court of Pennsylvania · 1834
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- Koons v. Harding, Pennsylvania Court of Common Pleas, Dauphin County1923
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