Carnegie Bros. v. Lancaster & Hamden Railway Co.

This action was brought to enforce a mechanics’ lien. The facts as agreed upon between the parties were that on the 27th day of March, 1890, the plaintiffs entered into a written agreement with E.P. Buell & Co., who had contracted with the defendant railroad company for the construction of a railroad for the defendant between certain points in this state, by the terms of which the plaintiffs were to furnish and deliver to said Buell & Co. at Bessemer, Pennsylvania, 7,000 tons of steel rails at the price of §35.00 per gross ton.

The agreement stipulated (omitting immaterial provisions) that…