Loyd & Co. v. Krause & Sons
Supreme Court of Pennsylvania
Appeal, No. 182, July T., 1891, by defendants, from order of C. P. No. 1, Phila. Co., Dee. T., 1890, No. 642, M. L. D., making absolute a rule for judgment for want of a sufficient affidavit of defence. Scire facias sur mechanics’ lien filed by a subcontractor. The affidavit of defence set forth a contract between the builder and owner, the material portions of which appear in the opinion of the Supreme Court.
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Appeal, No. 182, July T., 1891, by defendants, from order of C. P. No. 1, Phila. Co., Dee. T., 1890, No. 642, M. L. D., making absolute a rule for judgment for want of a sufficient affidavit of defence. Scire facias sur mechanics’ lien filed by a subcontractor. The affidavit of defence set forth a contract between the builder and owner, the material portions of which appear in the opinion of the Supreme Court. Error assigned was the order of the court making absolute the rule for judgment. cited Schroeder v. Galland, 134 Pa. 277; Benedict v. Hood, 184 Pa. 289; Be van v. Thaekara, 48 Leg. Int.…
1Opinion of the Court
Opinion by
Mb. Justice Gbeen,
It is very clear that the contract between the owners and the- builder in this case, does not come within the ruling in Schroeder v. Galland, and the cases which have followed it. The clause in the second section of the contract, which is relied upon by the appellants, is in these words : “Neither shall there be any legal or lawful claims against the party of the first part, in any manner, from any source whatever, for work or materials furnished on said work.” These words'do not contain any stipulation that there shall be no mechanics’ liens filed against the…
2Cited by6 opinions
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- Samuel J. Creswell Iron Works v. O'BrienSupreme Court of Pennsylvania · 1893
- Miles v. CouttsMontana Supreme Court · 1897
- Morris v. RossSupreme Court of Pennsylvania · 1898
- Shannon v. Philadelphia German Protestant Home for the AgedSuperior Court of Pennsylvania · 1901
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