Burrows v. Carson
Supreme Court of Pennsylvania
Appeal, No. 196, Jan. T., 1913, by plaintiff, from order of Superior Court, Oct. T., 1912, No. 268, reversing order of C. P. No. 1, Dec. T., 1911, No. 5918, M. L. D., dicharging a rule to strike out an item in a mechanics’ lien claim in case of Harry H. Burrows v. David R. Carson, owner or reputed owner, and Calvin ,W. Rogers, contractor. Appeal from the Superior Court.
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Appeal, No. 196, Jan. T., 1913, by plaintiff, from order of Superior Court, Oct. T., 1912, No. 268, reversing order of C. P. No. 1, Dec. T., 1911, No. 5918, M. L. D., dicharging a rule to strike out an item in a mechanics’ lien claim in case of Harry H. Burrows v. David R. Carson, owner or reputed owner, and Calvin ,W. Rogers, contractor. Appeal from the Superior Court. The facts appear in the opinion of the Supreme Court and in the following opinion of the Superior Court by Porter, J. (See 53 Pa. Superior Ct. 488) : The plaintiff filed a mechanic’s lien for materials and labor alleged to…
1Opinion of the Court
Opinion by
Me. Justice Mesteezat,
This is an appeal from the judgment of the Superior Court reversing the judgment of the Court of Common Pleas No. 1 of Philadelphia County, and the only error assigned is that “the Superior Court erred in sustaining appellant’s first assignment, to wit: The court below erred in discharging appellant’s rule to strike out of the claim the item of ‘1911-r-April 4 to Nov. 20, 137 hours labor, at 60 cents per hour, $82.20.’ ” The learned Superior Court held the item was a lumping charge and for this reason struck it out of the claim. This was right as is clearly…
2Cases cited1 opinion
- McFarland v. SchultzSupreme Court of Pennsylvania · 1895
3Cited by17 opinions
- Dyer v. WallaceSupreme Court of Pennsylvania · 1919
- Marchak v. McClureSuperior Court of Pennsylvania · 1954
- Ott v. DuPlan Silk Corp.Supreme Court of Pennsylvania · 1921
- Hamilton v. MeansSuperior Court of Pennsylvania · 1944
- Brant v. HartrickSuperior Court of Pennsylvania · 1915
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