Schmid v. Palm Garden Improvement Co.
Supreme Court of Pennsylvania
Appeal, No. 456, Jan. T., 1893, by plaintiff, from decree of C. P. No. 3, Philadelphia Co., Sept. T., 1891, No. 728, striking off mechanic’s lien. Rule to strike off mechanic’s lien.
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Appeal, No. 456, Jan. T., 1893, by plaintiff, from decree of C. P. No. 3, Philadelphia Co., Sept. T., 1891, No. 728, striking off mechanic’s lien. Rule to strike off mechanic’s lien. The contract between the owners, defendants, and the contractor, the plaintiff, contained among others the following stipulations : “ 8. The contractor shall and will proceed with the said work, and every part and detail thereof, in a prompt and diligent manner, and shall and will do the several parts thereof at such times and in such order as the architects may direct, and shall and will wholly finish the said…
1Opinion of the Court
Opinion by
Mr. Justice Dean,
Schmid, a contractor and builder, filed a lien for work done in the construction of the “ Palm Garden Theater,” which work was done under a contract with “ The Palm Garden Improvement Company,” as owner. The contract is dated October 11, 1890, and the work under it was completed May 23, 1891.
During the progress of the work, manj'- alterations and additions were made, not specified in the original contract. Schmid, alleging the contract price, $43,359, and the value of the extra work, $12,658.50, had not been paid him, on the 19th of No-' vember, 1891, filed his lien…
2Cases cited5 opinions
- Schroeder v. GallandSupreme Court of Pennsylvania · 1890
- Nice v. WalkerSupreme Court of Pennsylvania · 1893
- Evans v. GroganSupreme Court of Pennsylvania · 1893
- Murphy v. EllisSupreme Court of Pennsylvania · 1893
- Smith v. LevickSupreme Court of Pennsylvania · 1893
3Cited by1 opinion
- Nelson v. CohenOregon Supreme Court · 1938