Harlan v. Rand
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia. This was a scire facias upon a mechanic’s lien, filed by Abraham W. Rand, against Charles Harlan, owner, and Lewis W. Leeds, contractor. Harlan, the owner, contracted with a builder, named Singerly, to furnish the materials, and erect the building against which the lien was filed. Before the building was finished, Leeds proposed to Singerly to put into it a heater of a new construction, to warm it throughout.
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Error to the District Court of Philadelphia. This was a scire facias upon a mechanic’s lien, filed by Abraham W. Rand, against Charles Harlan, owner, and Lewis W. Leeds, contractor. Harlan, the owner, contracted with a builder, named Singerly, to furnish the materials, and erect the building against which the lien was filed. Before the building was finished, Leeds proposed to Singerly to put into it a heater of a new construction, to warm it throughout. Singerly agreed with him, in a written contract ■with specifications. The heater was to consist of a furnace, to be built of bricks, in the…
1Opinion of the Court
The opinion of the court was delivered by
Lowrie, J.
There are several cases that show that the material-man cannot justly charge the building for all the materials that he may choose to furnish on its credit, without reference to the quantity or quality needed. He must, in his supplies, regard the size and apparent character of the building; and his lien cannot go beyond what these show to be reasonable : 24 State R. 510. This principle is identical with that which sometimes allows strangers to supply necessaries to the members of a family on the credit of its head. The allowance is not…
2Cases cited1 opinion
- Bruner v. SheikSupreme Court of Pennsylvania · 1845
3Cited by11 opinions
- Schroeder v. GallandSupreme Court of Pennsylvania · 1890
- Titusville Iron Works v. Keystone Oil Co.Supreme Court of Pennsylvania · 1888
- Horn & Brannen Manufacturing Co. v. SteelmanSupreme Court of Pennsylvania · 1906
- Owen v. JohnsonSupreme Court of Pennsylvania · 1896
- Langenheim v. Anschutz-Bradberry Co.Superior Court of Pennsylvania · 1896
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