Mesta Machine Co. v. Dunbar Furnace Co.
Supreme Court of Pennsylvania
Appeal, No. 171, Jan. T., 1915, by defendant, from judgment of C. P. Payette Co., Sept. T., 1913, No. 339, for want of an affidavit of defense in case of Mesta Machine Company, a corporation, v. Dunbar Furnace Company, Owner or Reputed Owner, now in the hands of Walter C. Harris, Receiver, &c., and William Selfridge, Trustee of the Dunbar Furnace Company, Bankrupt. Scire facias sur mechanic’s lien.
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Appeal, No. 171, Jan. T., 1915, by defendant, from judgment of C. P. Payette Co., Sept. T., 1913, No. 339, for want of an affidavit of defense in case of Mesta Machine Company, a corporation, v. Dunbar Furnace Company, Owner or Reputed Owner, now in the hands of Walter C. Harris, Receiver, &c., and William Selfridge, Trustee of the Dunbar Furnace Company, Bankrupt. Scire facias sur mechanic’s lien. Rules to strike off claim, and to quash writ of scire facias and to strike certain items from the claim. The facts appear by the opinion of the Supreme Court. The lower court discharged the rules…
1Opinion of the Court
Opinion by
Mr. Justice Moschzisker,
The plaintiff contracted directly with the defendant *474company to construct, at a fixed price, a large blowing engine for tbe latter’s blast furnaces, and to supply a superintendent to oversee its installation at a per diem charge with expenses. The defendant company failed to pay the full amount due the plaintiff under the contract, and, on August 6, 1910, a mechanic’s lien was filed “for the unpaid price or value of materials furnished and for work and labor done in and about the fitting up and equipment with engines, machinery, etc., of a certain building,…
2Cases cited11 opinions
- Plymouth Coal Co. v. PennsylvaniaSupreme Court of the United States · 1914
- Jeffrey Manufacturing Co. v. BlaggSupreme Court of the United States · 1915
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- Wellington &c.Massachusetts Supreme Judicial Court · 1834
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3Cited by32 opinions
- Turco Paint & Varnish Co. v. KalodnerSupreme Court of Pennsylvania · 1936
- Knowles's EstateSupreme Court of Pennsylvania · 1929
- Gentile v. Philadelphia & Reading Ry.Supreme Court of Pennsylvania · 1922
- Miller v. Belmont Packing & Rubber Co.Supreme Court of Pennsylvania · 1920
- Commonwealth v. Dollar Savings BankSupreme Court of Pennsylvania · 1917
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