Sax v. School District
Supreme Court of Pennsylvania
Appeal, No. 133, Jan. T., 1912, by defendant, from judgment of C. P. Luzerne Co., March T., 1912, No. 200, for plaintiff on case stated in case of Sax and Abbott Construction Company v. School District of the City of Wilkes-Barre. Assumpsit on case stated.
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Appeal, No. 133, Jan. T., 1912, by defendant, from judgment of C. P. Luzerne Co., March T., 1912, No. 200, for plaintiff on case stated in case of Sax and Abbott Construction Company v. School District of the City of Wilkes-Barre. Assumpsit on case stated. Before Fuller, J. Hon. George S. Ferris, as referee, found for the plaintiff on the case stated, and the court subsequently overruled defendant’s exceptions to his report and directed that judgment be entered in accordance therewith. The case turned upon the constitutionality of the Act of May 6, 1909, P. L. 441. Errors assigned were in…
1Opinion of the Court
Opinion by
Mr. Chief Justice Fell,
The defendant was admittedly indebted to the plaintiff in the sum of $30,990.47, the balance due on a contract for the erection of a school building. The only reason for withholding payment was that a notice of a lien in conformity with the provisions of the Act’of May 6, 1909, P. L. 441, had been served upon its treasurer by a sub-contractor under the plaintiff. The case, turned on the effect of this notice. The learned referee reported that the notice was inoperative, and without legal effect because the Act of May 6,1909, under which it was given, is…
2Cases cited5 opinions
- Page v. CarrSupreme Court of Pennsylvania · 1911
- Vulcanite Portland Cement Co. v. AllisonSupreme Court of Pennsylvania · 1908
- Henry Taylor Lumber Co. v. Carnegie InstituteSupreme Court of Pennsylvania · 1909
- Vulcanite Paving Co. v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1908
- Sterling Bronze Co. v. Syria Improvement Ass'nSupreme Court of Pennsylvania · 1910
3Cited by14 opinions
- Georges Township School DirectorsSupreme Court of Pennsylvania · 1926
- Dyer v. WallaceSupreme Court of Pennsylvania · 1919
- Laplacca v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1919
- American Surety Co. of New York v. FinletterCourt of Appeals for the Third Circuit · 1921
- Sumption v. RogersSuperior Court of Pennsylvania · 1913
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