Price v. Kirk
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Chester county: Of January Term, 1879, No. 98. Scire facias sur mechanic’s lien issued by Benjamin D. Price against William S. Kirk.
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Error to the Court of Common Pleas of Chester county: Of January Term, 1879, No. 98. Scire facias sur mechanic’s lien issued by Benjamin D. Price against William S. Kirk. The claimed filed set forth: “ The amount claimed to be due is $195, for drawings, plans and specifications, and for labor and services in and about directing and overseeing the same, furnished from October 5th 1874, to November 29th 1875, by the claimant as an architect, for and about the erection and construction of said building.” The defendant pleaded that the work and labor set forth in the claim were not the subject of…
1Opinion of the Court
The judgment of the Supreme Court was entered
2Per curiam
Without referring to the finding of the court that it would appear from the record and evidence that the lien was not filed within the time provided by the statute, we are of opinion that upon the facts'as found by the learned judge, to whom it was submitted without the intervention of a jury, the plaintiff had no lien. In Bank v. Gries, 11 Casey 423, the architect was employed not *49only to make plans and specifications for the building, but to direct and oversee its erection in accordance therewith. His claim, therefore, was for work done about the…
3Cited by12 opinions
- Dyer v. WallaceSupreme Court of Pennsylvania · 1919
- McDonald v. FiliceCalifornia Court of Appeal · 1967
- Alan Porter Lee, Inc. v. Du-Rite Products Co.Supreme Court of Pennsylvania · 1951
- Design Associates, Inc. v. WelchCalifornia Court of Appeal · 1964
- Hoekstra v. HopkinsSuperior Court of Pennsylvania · 1925
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