Russell M. Howe, Inc. v. Beloff

Opinion by

Arnold, J.,

Plaintiff filed a mechanic’s lien against the defendants, and after petition, rule and answer the court struck down certain items and the plaintiff appeals. The court’s order was made on the ground that the claim did not disclose a contract between the plaintiff and the defendants, but between the plaintiff, as subcontractor, and one Abe Evans. Plaintiff did not deny that no notice had been given to the owner, but claimed that it was the prime contractor.

The original Mechanic’s Lien Act of 1901, P. L. 431, required, inter alia, (clause 4) that the claim show a copy of the…