East Stroudsburg Lumber Co. v. Gill
Supreme Court of Pennsylvania
Appeal, No. 321, Jan. T., 1897, by plaintiff, from judgment of C. P. Monroe Co., Sept. T., 1895, No. 87, on verdict for defendants. Scire facias sur mechanic’s lien. Before Albright, P. J., of the 31st judicial district, specially presiding. The facts appear by the opinion of the Supreme Court.
Read the full summary
Appeal, No. 321, Jan. T., 1897, by plaintiff, from judgment of C. P. Monroe Co., Sept. T., 1895, No. 87, on verdict for defendants. Scire facias sur mechanic’s lien. Before Albright, P. J., of the 31st judicial district, specially presiding. The facts appear by the opinion of the Supreme Court. Plaintiff’s points and the answers thereto were among others as follows: 3. If the jury believe from the evidence that the contract between Gill and Barteau, on October 6, 1894, was that, upon Bartoau’s agreement to turn over the house unincumbered, Gill waived the bond which he was to have for his…
1Opinion of the Court
Opinion by
Mr. Justice Dean,
The plaintiff filed a lien for material furnished in building a dwelling house on a lot of ground owned by Martin Gill in the borough of Stroudsburg. The contractor was J. F. Barteau,, and he purchased the material for the building. The contract, was in writing, as follows :
“East Stroudsburg, Pa., Oct. 6, 1894.
“I hereby agree to build and finish a house for Martin Gill,, of East Stroudsburg, Pa., according to plans of “ Scientific-American ” May, and specifications written by for the sum of twenty-eight hundred and eighty-seven dollars-($2,887.00) except all work…
2Cases cited2 opinions
- McElroy v. BradenSupreme Court of Pennsylvania · 1892
- Cook v. MurphySupreme Court of Pennsylvania · 1892
3Cited by1 opinion
- State ex rel. Segreto v. Judge Civil District CourtLouisiana Court of Appeal · 1920