Knelly v. Horwath
Supreme Court of Pennsylvania
Appeal, No. 62, Jan. T., 1903, by plaintiff, from order of C. P. Schuylkill Co., Sept. T., 1902, No. 6, sustaining motion to quash mechanic’s lien in case of C. H. Knelly v. John Horwath and Annie Horwath. Motion to quash mechanic’s lien.
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Appeal, No. 62, Jan. T., 1903, by plaintiff, from order of C. P. Schuylkill Co., Sept. T., 1902, No. 6, sustaining motion to quash mechanic’s lien in case of C. H. Knelly v. John Horwath and Annie Horwath. Motion to quash mechanic’s lien. Marr, J., filed an opinion which was in part as follows : [The contract, a copy of which is annexed and made part of the lien, in part, reads as follows : “ Witnesseth: The contractor covenants and ag’rees to erect for the said John and Anna Horwath on their lot of ground, situate in the borough of McAdoo, Penna., in a good and substantial and workmanlike…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
This appeal is from an order of the court making absolute a rule to show cause why a mechanic’s lien should not be struck from the record. The plaintiff was the contractor for the whole “building, and the defendants were the owners. The contract was.in writing and it provided for the erection of a two-story *491hotel building for an agreed sum, according to plans and specifications which were expressly made a part of the contract. A second contract was made for the enlargement of a part of the building. This also was in writing and it provided that the work and…
2Cases cited2 opinions
- Wharton v. Real Estate Investment Co.Supreme Court of Pennsylvania · 1897
- Smaltz v. KnottSupreme Court of Pennsylvania · 1858
3Cited by16 opinions
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- Dyer v. WallaceSupreme Court of Pennsylvania · 1919
- Thirsk v. EvansSupreme Court of Pennsylvania · 1905
- Murray v. ZemonSupreme Court of Pennsylvania · 1960
- Tenth National Bank v. Smith Construction Co.Supreme Court of Pennsylvania · 1907
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