Yanko v. Donaldson

Frack, J.,

— Eugene Yanko filed a suit in assumpsit against W. Lyle Donaldson for the recovery of $5,069.98, with interest allegedly due as a balance owing in connection with the construction of a dwelling house on a lot owned by defendant. Defendant filed preliminary objections to plaintiff’s complaint averring that plaintiff had previously filed a mechanic’s lien claim for the same amount, which lien is alleged to be in violation of a stipulation against liens. He avers that plaintiff “instead of starting . . . action in assumpsit should have proceeded by writ of scire facias on the…