Waters v. Wolf
Superior Court of Pennsylvania
Appeal, No. 73, April T., 1896, by plaintiff, from judgment of C. P. No. 3, Allegheny County, November T., 1892, No. 164, on verdict for defendant. Sci. fa. sur mecbanic’s lien. Before Kennedy, P. J., wbo gave binding instructions to the jury to find for the defendant. Nicholas Wolf, owner of land in McKeesport, contracted with Thomas White for the erection of a building thereon. White made a subcontract with John W. Waters, the plaintiff, for the stonework.
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Appeal, No. 73, April T., 1896, by plaintiff, from judgment of C. P. No. 3, Allegheny County, November T., 1892, No. 164, on verdict for defendant. Sci. fa. sur mecbanic’s lien. Before Kennedy, P. J., wbo gave binding instructions to the jury to find for the defendant. Nicholas Wolf, owner of land in McKeesport, contracted with Thomas White for the erection of a building thereon. White made a subcontract with John W. Waters, the plaintiff, for the stonework. Waters filed a lien for balance due him, and Wolf defended on the ground that the original building contract prohibited the filing of…
1Opinion of the Court
Opinion by
Rice, P. J.,
The sole defense to the scire facias upon this mechanic’s lien is that the written contract between Nicholas Wolf, the owner, and Thomas White, the contractor, contained a stipulation that no mechanics’ liens should be filed against the building. The agreement will be found in the report of the same case when it was before the Supreme Court, on an appeal from a refusal to give judgment for want of a sufficient affidavit of defense: Waters v. Wolf, 162 Pa. 153. In answer to this defense which is prima facie sufficient, the subcontractor, who is the claimant in the present…
2Cases cited7 opinions
- West v. PlattMassachusetts Supreme Judicial Court · 1879
- Philadelphia City Passenger Railway Co. v. HenriceSupreme Court of Pennsylvania · 1880
- Waters v. WolfSupreme Court of Pennsylvania · 1894
- McGregor v. Equitable Gas Co.Supreme Court of Pennsylvania · 1891
- Sensinger v. BoyerSupreme Court of Pennsylvania · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Baltimore Brick Co. v. CoyleSuperior Court of Pennsylvania · 1901
- Germain Fruit Co. v. Thomas Roberts & Co.Superior Court of Pennsylvania · 1898
- Mar Ray, Inc. v. StarrSuperior Court of Pennsylvania · 1982
- Spring Brook Lumber Co. v. WatkinsSuperior Court of Pennsylvania · 1904
- Bangert v. Borough of Bridgeport, Pennsylvania Court of Common Pleas, Montgomery County1937