Huckestein v. Kelly & Jones Co.
Supreme Court of Pennsylvania
Appeal, No. 34, Oct. T., 1892, by-defendants, from C. P. No. 1, Allegheny Co., June T., 1889, No. 73, on verdict for plaintiff, John Huckestein et al. Assumpsit to recover balance on building contract. At the trial the evidence tended to establish that by a written contract dated July 7, 1888, plaintiffs agreed to erect certain factory buildings for defendants, at Greensburg, Pennsylvania.
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Appeal, No. 34, Oct. T., 1892, by-defendants, from C. P. No. 1, Allegheny Co., June T., 1889, No. 73, on verdict for plaintiff, John Huckestein et al. Assumpsit to recover balance on building contract. At the trial the evidence tended to establish that by a written contract dated July 7, 1888, plaintiffs agreed to erect certain factory buildings for defendants, at Greensburg, Pennsylvania. The buildings were to be completed on or before Nov. 7, 1888, plaintiffs to allow for every day’s delay thereafter the sum of $100. The contract also provided that the retained percentages should be paid…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The assignments in relation to the tender of releases of mechanics’ liens, as a condition precedent to plaintiffs’ recovery, cannot be sustained. The principle of law invoked is entirely sound, but it would be sticking in the bark to apply it to the facts of this case. The purpose of the clause in the contract was to protect the appellants from having to pay money a second time to mechanics or material men after having once paid *635it to plaintiffs. A lien filed, paid and receipted in full or satisfied of record is as complete a protection as a release. The only…
2Cases cited2 opinions
- Folsom v. Cook & Co.Supreme Court of Pennsylvania · 1887
- Huckestein v. Kelly & Jones Co.Supreme Court of Pennsylvania · 1891
3Cited by5 opinions
- Gilloley v. SampsonSupreme Court of Minnesota · 1938
- Murphy v. BearSupreme Court of Pennsylvania · 1913
- White v. BlackSuperior Court of Pennsylvania · 1900
- Kirpichnikoff v. FinkelSupreme Court of Pennsylvania · 1927
- Harrison v. Welsh, Pennsylvania Court of Common Pleas, Philadelphia County1928