Legal Opinion

Felheim v. Perry Brewing Co.

Superior Court of Pennsylvania

Decided July 18, 1916No. Appeal, No. 89PublishedCited by 2 opinions

Appeal, No. 89, April T., 1916, by defendant, from judgment of C. P. Erie Co., Sept. T., 1914, No. 14, on verdict for plaintiff in case of Lyman Felheim v. Perry Brewing Company. Scire facias sur mechanics’ lien.

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Appeal, No. 89, April T., 1916, by defendant, from judgment of C. P. Erie Co., Sept. T., 1914, No. 14, on verdict for plaintiff in case of Lyman Felheim v. Perry Brewing Company. Scire facias sur mechanics’ lien. Before Benson, J. At the trial it appeared that the materials, for which the lien was filed, were furnished to the Vogt Brewing-Company which afterwards went into the hands of a receiver and upon the property being sold at receiver’s sale subject to the liens of record, was purchased by one, Birnbaum, and conveyed to the Perry Brewing Company subject to the same liens, as those under…

1Opinion of the Court

Opinion by

Trexler, J.,

The Act of June 4,1901, P. L. 431, relating to mechanics’ liens in its 12th Section provides that “If the labor or materials be furnished continuously in the erection and construction of, addition to, or removal of a structure or other improvement, the claimant may file a single claim, though furnished under more than one contract, with the same effect as if furnished continuously under a single contract.”

The only question before us is whether the materials furnished in the case at bar were furnished continuously as required by the above in part quoted section. The first…

2Cases cited4 opinions

  1. Appeal of HoferSupreme Court of Pennsylvania · 1887
  2. Singerly v. DoerrSupreme Court of Pennsylvania · 1869
  3. Crane Co. v. RogersSuperior Court of Pennsylvania · 1915
  4. Diller v. BurgerSupreme Court of Pennsylvania · 1871

3Cited by2 opinions

  1. McCrady-rodgers Co. v. NenoffSuperior Court of Pennsylvania · 1944
  2. Rome Electric Co. v. R. & F. Construction, Inc., Pennsylvania Court of Common Pleas, Indiana County1974

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