Fahnestock v. Speer
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term 1879, No. 166. Scire facias sur mechanics’ lien issued by John Speer and O. C. Morgan, partners as Speer & Morgan, against B. L. Fahnestock, owner, and A. J. Fair, contractor. On the 6th of October 1876, Speer & Morgan, sub-contractors, filed their elaim as partners against a house owned by Fahnestock, for the erection of which Fair was the contractor.
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Error to the Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term 1879, No. 166. Scire facias sur mechanics’ lien issued by John Speer and O. C. Morgan, partners as Speer & Morgan, against B. L. Fahnestock, owner, and A. J. Fair, contractor. On the 6th of October 1876, Speer & Morgan, sub-contractors, filed their elaim as partners against a house owned by Fahnestock, for the erection of which Fair was the contractor. The claim, which was expressed to be “for materials furnished and labor done,” referred to “ a bill of particulars of the amount of their said debt,…
1Opinion of the CourtJustice Paxson
The court below erred in entering judgment for the plaintiff, upon the point reserved for the full amount of his claim. There were but two items in the claim, the first under date of November 28th 1875, was for “gutters, spouting and roofing, $309.26;” the other, under date of May 25th 1876, was for “ two feet of galvanized pipe, eighty cents.” The claim -was filed October 6th 1876, and but for the last item, would have been too late.
The first item is a lumping charge; and as the claim was filed by a sub-contractor against the owner and contractor, it was clearly bad and would have been…
2Cited by12 opinions
- Mesta Machine Co. v. Dunbar Furnace Co.Supreme Court of Pennsylvania · 1915
- McFarland v. SchultzSupreme Court of Pennsylvania · 1895
- Wharton v. Real Estate Investment Co.Supreme Court of Pennsylvania · 1897
- Klinefelter v. BaumSupreme Court of Pennsylvania · 1896
- Johnson v. KusminskySupreme Court of Pennsylvania · 1926
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