Higgins Lumber Co. v. Marucca

Opinion by

Ross, J.,

This appeal involves a mechanic’s lien, filed by a subcontractor against the owners and the contractor, for lumber furnished toward the repairs of a house. The jury returned a verdict for the plaintiff, judgment n. o. v. for defendant was entered by the court below and this appeal followed.

The Act of June 4,1901, P. L. 431, see. 2, 49 PS sec. 23, provides, inter alia, “Nor shall any claim for alterations or repairs . . . old structures with machinery, gearing, boilers, engines, cars, or other useful appliances, be valid, unless it be for the sum exceeding one hundred…