Felin v. Futcher
Superior Court of Pennsylvania
Appeal, No. 102, Oct. T., 1911, by defendants, from judgment of C. P. Delaware Co., Dec. T., 1907, No. 878, on verdict for plaintiffs in case of Charles F. Felin, William L. Ludascher and Amos Y. Lesher, trading as Charles F. Felin & Company, v. Charles E. Futcher, owner or reputed owner, and the Delaware County Trust, Safe Deposit and Title Insurance Company. Scire facias sur mechanic’s lien. Before Johnson, P. J. The facts appear by the opinion of the Superior Court.
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Appeal, No. 102, Oct. T., 1911, by defendants, from judgment of C. P. Delaware Co., Dec. T., 1907, No. 878, on verdict for plaintiffs in case of Charles F. Felin, William L. Ludascher and Amos Y. Lesher, trading as Charles F. Felin & Company, v. Charles E. Futcher, owner or reputed owner, and the Delaware County Trust, Safe Deposit and Title Insurance Company. Scire facias sur mechanic’s lien. Before Johnson, P. J. The facts appear by the opinion of the Superior Court. Verdict and. judgment for plaintiffs for $511.06. Defendants appealed. Error assigned was in refusing binding instructions…
1Opinion of the Court
Opinion by
Head, J.,
In the spring of 1907, the defendant, contemplating the erection of eight houses, had detailed plans and specifications prepared showing, inter alia, the kind and quantity of lumber and mill work required for each house. These plans were submitted among others to the plaintiffs whose business was the manufacturé and supply of such materials. They were asked for a bid. On April 25th they submitted detailed lists of lumber and mill work which they had figured out from the plans. Each of the several sheets covered by the items of these fists contained the following warning,…
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