West Philadelphia Brick Co. v. J. D. Johnson & Co.
Superior Court of Pennsylvania
Appeal, No. 69, Nov. T., 1896, by plaintiff, from judgment of C. P. No. 1, Phila. Co., March T., 1892, No. 68, M. L. D., on verdict for defendant. Sci.fa. sur-apportioned mechanics lien. The terre tenant having by leave intervened, the question in controversy turned on the' liability of three houses purchased by him for their respective apportionments of $180 a house, amounting in all to $540. The other essential facts appear in the opinion of the Superior Court.
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Appeal, No. 69, Nov. T., 1896, by plaintiff, from judgment of C. P. No. 1, Phila. Co., March T., 1892, No. 68, M. L. D., on verdict for defendant. Sci.fa. sur-apportioned mechanics lien. The terre tenant having by leave intervened, the question in controversy turned on the' liability of three houses purchased by him for their respective apportionments of $180 a house, amounting in all to $540. The other essential facts appear in the opinion of the Superior Court. The court below, Biddle, P. J., directed a verdict for the defendant, charging the jury as follows: The decision in this case…
1Opinion of the Court
Opinion by
Willard, J.,
James Hood contracted with one, E. A. Norton, to erect for the latter sixty-five houses in the city of Philadelphia upon a piece of ground bounded by 40th street, Fairmount avenue, Aspen street and Union street.
On the 19th day of August, 1890, Hood entered into a contract in writing with the appellant by the terms of which the latter agreed to “ furnish and deliver all the brick suitable and necessary for the said sixty-five houses according to the said plan and specifications, the prices above set forth: fifty per centum of the same to be paid in cash when and as said…
2Cases cited10 opinions
- Goepp v. GartiserSupreme Court of Pennsylvania · 1860
- Harper v. KeelySupreme Court of Pennsylvania · 1851
- Fitzpatrick v. AllenSupreme Court of Pennsylvania · 1876
- Atkinson v. ShoemakerSupreme Court of Pennsylvania · 1892
- Davis v. FarrSupreme Court of Pennsylvania · 1850
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3Cited by1 opinion
- Meyers Plumbing & Heating Supply Co. v. CasteSupreme Court of Pennsylvania · 1986