Stoke & Co. v. McCullough
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Blair county: Of July Term, 1888, No. 43. Tbis was a seire facias sur mechanics’ lien, entered by William Stoke & Co. against David C. McCullough. A plea iu abatement was filed by tbe defendant, alleging that the parties had, previous to tbe issuing of the sci. fa., agreed to refer tbe matter in dispute to arbitration ; the court thereupon suspended the proceedings on the sci. fa.
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Error to the Court of Common Pleas of Blair county: Of July Term, 1888, No. 43. Tbis was a seire facias sur mechanics’ lien, entered by William Stoke & Co. against David C. McCullough. A plea iu abatement was filed by tbe defendant, alleging that the parties had, previous to tbe issuing of the sci. fa., agreed to refer tbe matter in dispute to arbitration ; the court thereupon suspended the proceedings on the sci. fa. “ until after the event of arbitration or attempt to arbitrate.” The defendant subsequently filed a petition, alleging an award by the arbitrators in Lis favor, and a consequent…
1Opinion of the CourtJustice Clabk
A mechanic’s lien wras entered by William Stoke & Co., the plaintiffs, for work and labor done, in the construction of a dwelling house for D. G. McCullough, the defendant, under the terms of a written agreement between the parties, dated May 2, 1879. The plaintiffs’ claim was for §4,562.50, the full contract price, and also for extra work to the amount of §570.95. It is admitted that the §4562.50 has been paid; the present contention arises out of the claim for extra work.
According to the agreement, all disputes concerning the value of “ extra work,” and “ work omitted,” were to be settled…
2Cited by9 opinions
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- McCarthy v. ReeseSupreme Court of Pennsylvania · 1965
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- Schneider v. BatesSuperior Court of Pennsylvania · 1912
- Hiestand v. KeathSuperior Court of Pennsylvania · 1910
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