Hommel v. Lewis
Supreme Court of Pennsylvania
Error to the Court of Common Pleas No. 2 of Allegheny county: Of October and November Term 1883, Nos. 99, 100 and 101. These were three writs of scire facias snr apportioned mechanic’s claim, by William M. Lewis against John G. Hommel owner, and John Eritz, contractor. Pleas : payment, nunquam indebitatus, and a special plea that the materials were not furnished on the credit of the building.
Read the full summary
Error to the Court of Common Pleas No. 2 of Allegheny county: Of October and November Term 1883, Nos. 99, 100 and 101. These were three writs of scire facias snr apportioned mechanic’s claim, by William M. Lewis against John G. Hommel owner, and John Eritz, contractor. Pleas : payment, nunquam indebitatus, and a special plea that the materials were not furnished on the credit of the building. The plaintiff died September 10th 1882, before trial, and Amos Lewis, the administrator of his estate, was substituted in his stead. The three cases were tried together before Kirkpatrick, J., when the…
1Opinion of the CourtJustice Green
There Avas no question on the trial that the materials claimed Avere actually furnished for, and'entered into the construction of, the building. This Avas averred in the claim of lien filed, and in the affidavit of claim, and Avas not denied in the affidavit of defence, and, by rule of court, this constitutes an admission of the material averments of fact. The learned judge of the court below charged the jury that, if the materials Avere furnished on the credit of the contractor, there could be no recovery, and left that question for them to determine, saying, that it rested upon the…
2Cases cited1 opinion
- Sill's AppealSupreme Court of Pennsylvania · 1855
3Cited by7 opinions
- N. Green & Co. v. ThompsonSupreme Court of Pennsylvania · 1896
- Scott Manufacturing Co. v. MorganSupreme Court of Pennsylvania · 1907
- Dougherty v. LoebelenzSuperior Court of Pennsylvania · 1899
- Green Hills Lumber Co. v. Williams, Pennsylvania Court of Common Pleas, Alleghany County1963
- Edwards v. Stevens, Pennsylvania Court of Common Pleas, Chester County1977
2 more not listed; retrieve them via the Exa API.