McCristal v. Cochran
Supreme Court of Pennsylvania
Appeal No. 12, Jan. T., 1891, by plaintiff, from order of C. P. No. 1, Philadelphia Co., March- T., 1890, No. 120, M. L. D., striking off a mechanic’s claim. Scire facias sur mechanic’s claim by Robert McCristal, subcontractor against Edwin R. Cochran, owner and Samuel Moll vain, contractor.
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Appeal No. 12, Jan. T., 1891, by plaintiff, from order of C. P. No. 1, Philadelphia Co., March- T., 1890, No. 120, M. L. D., striking off a mechanic’s claim. Scire facias sur mechanic’s claim by Robert McCristal, subcontractor against Edwin R. Cochran, owner and Samuel Moll vain, contractor. The bill of particulars filed with the claim -was as follows : 1889. Dr. Aug. 5 to Oct. 5. To digging cellars and foundations, 2,000 yds. at 16¿ cents $325 00 Aug. 14 to Nov. 9. Tearing down old woolen mill and back building, placing stone from old woolen mill, outbuildings and foundations at cellars of…
1Opinion of the Court
Opinion by
Mr. Chief Justice Paxson,
The only specification .of error is, that the court below erred in striking off the mechanic’s claim. No opinion was filed by the learned judge, and we are left in the dark as to his reasons for his ruling. We infer, however, from the argument at bar, and the claim itself, that the alleged defect was, that most of the items contained in the bill of particulars were for tearing down an old building preparatory to the erection of the new building, for which the claim was filed. Whether such demolition is part of the erection of a new building, is a question…
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