Waters v. Wolf
Supreme Court of Pennsylvania
Appeal, No. 278, Oct. T., 1893, by plaintiff, John W. Waters, from order of C. P. No. 3, Allegheny Co., Nov. T., 1892, No. 169, discharging rule for judgment for want of sufficient affidavit of defence against defendants, Anna Wolf, executrix of Nicholas Wolf, owner, and Thomas White, contractor. Rule for judgment for want of sufficient affidavit of defence on sci. fa. sur mechanic’s lien entered by subcontractor.
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Appeal, No. 278, Oct. T., 1893, by plaintiff, John W. Waters, from order of C. P. No. 3, Allegheny Co., Nov. T., 1892, No. 169, discharging rule for judgment for want of sufficient affidavit of defence against defendants, Anna Wolf, executrix of Nicholas Wolf, owner, and Thomas White, contractor. Rule for judgment for want of sufficient affidavit of defence on sci. fa. sur mechanic’s lien entered by subcontractor. The affidavit of defence alleged that the building was erected under contracts made between tbe owner and contractor, which contained stipulations providing that “ Before the…
1Opinion of the Court
Opinion by
Mr. Justice Dean,
The plaintiff filed a mechanic’s lien as subcontractor for work done and materials furnished in the erection of a four story brick hotel for Nicholas Wolf in McKeesport, Allegheny county. Wolf, the owner, made his contract for the work and materials in the construction of the building with Thomas White, a contractor and builder. The contracts with White were two, one dated June 15, 1891, and the other November 7th of the-same year. Both contracts contained this stipulation : “ The contractor agrees that no liens shall be filed against said works, or on account of…
2Cases cited16 opinions
- Sharpless v. Mayor of PhiladelphiaSupreme Court of Pennsylvania · 1853
- Commonwealth v. PerryMassachusetts Supreme Judicial Court · 1891
- John Spry Lumber Co. v. Sault Savings Bank Loan & Trust Co.Michigan Supreme Court · 1889
- Schroeder v. GallandSupreme Court of Pennsylvania · 1890
- Nice v. WalkerSupreme Court of Pennsylvania · 1893
11 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Jones v. Great Southern Fireproof Hotel Co.Court of Appeals for the Sixth Circuit · 1898
- Adinolfi v. HazlettSupreme Court of Pennsylvania · 1913
- Baldwin Locomotive Works v. Edward Hines Lumber Co.Indiana Supreme Court · 1919
- Meanor v. GoldsmithSupreme Court of Pennsylvania · 1907
- Jones v. Great Southern Fireproof Hotel Co.U.S. Circuit Court for the District of Southern Ohio · 1897
7 more not listed; retrieve them via the Exa API.