Legal Opinion

Garrison v. Van Luven

Superior Court of Pennsylvania

Decided July 15, 1914No. Appeal, No. 34Published

Appeal, No. 34, March T., 1914, by defendant, from judgment of C. P. Luzerne Co., March T., 1911, No. 18, on verdict for plaintiff in case of C. C. Garrison v. J. H. Van Luven. Scire facias sur mechanic’s lien.

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Appeal, No. 34, March T., 1914, by defendant, from judgment of C. P. Luzerne Co., March T., 1911, No. 18, on verdict for plaintiff in case of C. C. Garrison v. J. H. Van Luven. Scire facias sur mechanic’s lien. Before Fuller, P. J. At the trial it appeared that the lien was based on an oral contract for the electrical equipment of a building for the contract price of $475. The claim filed indicated that labor and material had been furnished to the amount of $441.68. The building was first known as the Van Luven Building. Subsequently the name was changed to the Bohemian Theatre. The testimony…

1Opinion of the Court

Opinion by

Porter, J.,

This action is scire facias sur mechanic’s lien. The plaintiff recovered a verdict and judgment in the court below for the full amount of his claim, and the defendant appeals. The opinion of the learned judge of the court below, in overruling the motion of the defendant for judgment non obstante veredicto, which will appear in the report of the case, renders extended discussion of the questions unnecessary. The only question of fact *421which was in controversy at the trial was whether the defendant, either by himself or through his agent, had assumed responsibility for the…

2Cases cited3 opinions

  1. Murphy v. BearSupreme Court of Pennsylvania · 1913
  2. Chambers v. YarnallSupreme Court of Pennsylvania · 1850
  3. M'Mullin v. GilbertSupreme Court of Pennsylvania · 1837

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