Legal Opinion

Singerly v. Doerr

Supreme Court of Pennsylvania

Decided May 11, 1869PublishedCited by 8 opinions

February 1869. Before Thompson, C. J., Agnew, Shabswood and Williams, JJ. Read, J., at Nisi Prius.' Error to the District Court of Philadelphia: No. 169, to January Term 1869. This was a scire facias upon a mechanics’ lien, by Charles Doerr and others, trading as Doerr, Son & Co., against Joseph Singerly, owner, and John Ketcham, contractor.

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February 1869. Before Thompson, C. J., Agnew, Shabswood and Williams, JJ. Read, J., at Nisi Prius.' Error to the District Court of Philadelphia: No. 169, to January Term 1869. This was a scire facias upon a mechanics’ lien, by Charles Doerr and others, trading as Doerr, Son & Co., against Joseph Singerly, owner, and John Ketcham, contractor. The writ issued September 20th 1867. The claim was filed September 19th 1867, by the plaintiffs, “manufacturers of mouldings, sash, shutters, doors, &c., and dealers in lumber,” for $4745.26, against a' dwelling-house and stable, on Carlisle street,…

1Opinion of the Court

The opinion of the court was delivered,

by Agnew, J.

The case of Phillips v. Duncan, heard at Pittsburg in 1854, decided that a contractor, who goes to a lumber merchant, and obtains his lumber as he needs it for a job on hand, makes a new contract at every purchase, and the Mechanics’ Lien Act bars all of the amount more than six months old when the lumber merchant files his claim.

That case was published in the March number of the American Law Register of 1855, p. 304, and no doubt led to the passage of the Act of 14th April 1855. It declares that whenever the items of a mechanic or…

2Cases cited4 opinions

  1. Dickinson College v. ChurchSupreme Court of Pennsylvania · 1841
  2. Koch v. HowellSupreme Court of Pennsylvania · 1843
  3. Church v. DavisSupreme Court of Pennsylvania · 1840
  4. Keim v. RushSupreme Court of Pennsylvania · 1843

3Cited by8 opinions

  1. Waters v. WolfSupreme Court of Pennsylvania · 1894
  2. In re West Norfolk Lumber Co.District Court, E.D. Virginia · 1902
  3. Johnson v. KusminskySupreme Court of Pennsylvania · 1926
  4. Owen v. JohnsonSupreme Court of Pennsylvania · 1896
  5. McCrady-rodgers Co. v. NenoffSuperior Court of Pennsylvania · 1944

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