Gaule v. Bilyeau
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia. This was a scire facias on a mechanic’s lien. In February, 1852, the defendant, Henry Gaule, rented from Eli K. Price, a certain lot in the city of Philadelphia, for the term of seven years, from the first day of April next ensuing the date of the lease, for the first three years, at a yearly rent of $150 per annum, and $200 per annum, for the remainder of the term, payable quarterly, with the right and privilege on the part of…
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Error to the District Court of Philadelphia. This was a scire facias on a mechanic’s lien. In February, 1852, the defendant, Henry Gaule, rented from Eli K. Price, a certain lot in the city of Philadelphia, for the term of seven years, from the first day of April next ensuing the date of the lease, for the first three years, at a yearly rent of $150 per annum, and $200 per annum, for the remainder of the term, payable quarterly, with the right and privilege on the part of the said Gaule to take upon ground-rent, at any time within the first three years, the southernmost portion of the said…
1Opinion of the Court
The opinion of the Court was delivered by
Lewis, C. J.
A building erected on a chattel is itself a- chattel ; and, therefore, buildings erected by a tenant for years, on the demised premises, for the accommodation of his business, are •not subject to mechanics’ liens: 9 Barr 117; 10 Barr 252; 2 Harris 118. But in this case the tenant had a right by the contract to take a certain part of the premises, particularly described, on ground-rent, at an annual sum fixed by the contract. No words of inheritance are necessary in an executory contract. It is sufficient, if it be manifest from the…
2Cited by4 opinions
- Calhoun v. HaysSuperior Court of Pennsylvania · 1944
- First National Bank v. ReeseCourt of Judicial Discipline of Pennsylvania · 1947
- Kinsinger v. Keasbey & Mattison Co., Pennsylvania Court of Common Pleas, Montgomery County1960
- Stark v. HightSuperior Court of Pennsylvania · 1897