Ott v. DuPlan Silk Corp.
Supreme Court of Pennsylvania
Appeal, No. 445, Jan. T., 1921, by defendant, owner, from judgment of C. P. Luzerne Co., Jan. T., 1918, No. 218, M. L. D., Jan. T., 1918, No. 171, on verdict for plaintiff, in case of John H. Ott, trading as John H. Ott & Co. v. DuPlan Silk Corporation, owner, and F. W. Mark Construction Co., contractor. Scire facias sur mechanic’s lien. The opinion of the Supreme Court states the facts.
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Appeal, No. 445, Jan. T., 1921, by defendant, owner, from judgment of C. P. Luzerne Co., Jan. T., 1918, No. 218, M. L. D., Jan. T., 1918, No. 171, on verdict for plaintiff, in case of John H. Ott, trading as John H. Ott & Co. v. DuPlan Silk Corporation, owner, and F. W. Mark Construction Co., contractor. Scire facias sur mechanic’s lien. The opinion of the Supreme Court states the facts. Verdict and judgment for plaintiff for $11,508.58,. DuPlan Silk Corporation, owner, appealed. Error assigned, among others, was refusal of defend' ant’s motion for judgment n. o. v., quoting record.
1Opinion of the Court
Opinion by
Mr. Justice Sadler,
The plaintiff is a subcontractor, who performed essential service in the construction of a building for defendant. His contract for excavation work was verbal, the undertaking having been confirmed by letter of the contractor, dated May 19, 1917:.' Provision was made for payment of differing prices dependent on the character of the materials required to -be removed. All of the work was completed on August 18th following, and the compensation agreed upon not having been paid, a prop*326erly verified notice of intention to file a lien was served upon the owner, to which…
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