Plumbing Co. v. Powell
Superior Court of Pennsylvania
Appeal, No. 10, Jan. T., 1900, by defenclants, in a suit of Hazleton Plumbing Company against-Powell et al., from judgment of C. P. Luzerne Co., Feb. T.,, 1896, No. 235, in favor of plaintiff dismissing exceptions to> referee’s report. Opinion by W. W. Porter, J. Exceptions to referee’s report. It appears from the record that this was a suit to recover on a mechanic’s lien filed by a subcontractor.
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Appeal, No. 10, Jan. T., 1900, by defenclants, in a suit of Hazleton Plumbing Company against-Powell et al., from judgment of C. P. Luzerne Co., Feb. T.,, 1896, No. 235, in favor of plaintiff dismissing exceptions to> referee’s report. Opinion by W. W. Porter, J. Exceptions to referee’s report. It appears from the record that this was a suit to recover on a mechanic’s lien filed by a subcontractor. A building contract-had been executed between the owner, defendant in this case, and Charles Wetterau, which contained the following stipulations : “ It is further agreed, that the party of the…
1Opinion of the Court
Opinion by
William W. Porter, J.,
The question raised by the first assignment of error is the only one requiring notice at our hands. As the appellant says, it practically includes all of the other assignments of error. It is, whether the provisions of the contract respecting the filing of mechanics’ liens is operative to prevent the filing of liens. The language used is as follows: “ It is further agreed that the party of the first part will not at any time permit any lien, attachment or any other incumbrance, under any law of this .state, or otherwise, to be put or remain upon the building or *429…
2Cases cited4 opinions
- Nice v. WalkerSupreme Court of Pennsylvania · 1893
- Samuel J. Creswell Iron Works v. O'BrienSupreme Court of Pennsylvania · 1893
- Gordon v. NortonSupreme Court of Pennsylvania · 1898
- Lucas v. O'BrienSupreme Court of Pennsylvania · 1894
3Cited by2 opinions
- Shannon v. Philadelphia German Protestant Home for the AgedSuperior Court of Pennsylvania · 1901
- Bithell v. DivenSuperior Court of Pennsylvania · 1901