Pennock v. Locust Realty Co.
Supreme Court of Pennsylvania
Appeal, No. 51, Jan. T., 1909, by plaintiff, from order of C. P. No. 1, Phila. Co., Sept. T., 1908, No. 1,313, M. L. D., discharging rule for judgment for want of a sufficient affidavit of defense in case of Edmund M. Pennock, trading as J. Sellers Pennock, v. Locust Realty Company, Owner or Reputed Owner, and Moore & Company, Incorporated, Contractor. Scire facias sur mechanic's lien. Before Magill, J. Rule for judgment for want of a sufficient affidavit of defense.
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Appeal, No. 51, Jan. T., 1909, by plaintiff, from order of C. P. No. 1, Phila. Co., Sept. T., 1908, No. 1,313, M. L. D., discharging rule for judgment for want of a sufficient affidavit of defense in case of Edmund M. Pennock, trading as J. Sellers Pennock, v. Locust Realty Company, Owner or Reputed Owner, and Moore & Company, Incorporated, Contractor. Scire facias sur mechanic's lien. Before Magill, J. Rule for judgment for want of a sufficient affidavit of defense. The opinion of the Supreme Court states the case. Error assigned was the order of the court.
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
An interesting question of practice has been suggested by the learned counsel for appellee in this case, but it is unnecessary to rest our decision on this ground because we cannot accept as sound the position of appellant on the real question involved in this controversy. The question here arises under the mechanic’s lien Act of June 4, 1901, P. L. 431. It is whether a subcontractor whose agreement to furnish materials and labor made after a conveyance to a new purchaser, is bound by the contract between the original owner and the contractor, filed of record and…
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