Brown v. Myers & Rathfon
Pennsylvania Court of Common Pleas, Lancaster County
No. 390 January Term 1891, Sup. Ct.; court below, No. 15 January Tern 1889, C. P. On October 3, 1888, George W. Brown filed in the court below a mechanics’ lien in the following form! “ George W. Brown, of the county of Lancaster, files 'this his claim for the payment of the sum of three hundred dollars, against all those certain two-story brick houses, mansard roofed or cottage style, with two-story and attic back buildings, situated on East Orange street and designated by…
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No. 390 January Term 1891, Sup. Ct.; court below, No. 15 January Tern 1889, C. P. On October 3, 1888, George W. Brown filed in the court below a mechanics’ lien in the following form! “ George W. Brown, of the county of Lancaster, files 'this his claim for the payment of the sum of three hundred dollars, against all those certain two-story brick houses, mansard roofed or cottage style, with two-story and attic back buildings, situated on East Orange street and designated by Nos. 535 and 537, on north side of said East Orange street, and adjoining property of Rev. A. F. Kaul on the east. “…
1Opinion of the Court
Opinion,
Mr. Justice McCollum :
It appears on the face of this record that Brown was a subcontractor. The existence of a contractual relation between him and the owners of the premises is negatived in the body of the claim and in the bill of particulars. In the former, it is stated that the work was done and the materials were furnished at the instance of Metzger, who was the builder; and in the latter, he is mentioned as the debtor for them. It is admitted that the claimant is entitled to alien for his labor and materials, on compliance with the provisions of the statute which allows it, but…
2Cases cited4 opinions
- Lee v. BurkeSupreme Court of Pennsylvania · 1870
- Young v. LymanSupreme Court of Pennsylvania · 1848
- Russell v. BellSupreme Court of Pennsylvania · 1863
- Gray v. DickSupreme Court of Pennsylvania · 1881
3Cited by9 opinions
- McFarland v. SchultzSupreme Court of Pennsylvania · 1895
- Chapman v. FaithSuperior Court of Pennsylvania · 1902
- Brown v. KolbSuperior Court of Pennsylvania · 1898
- Lee v. Exeter ClubSuperior Court of Pennsylvania · 1899
- Silfies v. AustinSuperior Court of Pennsylvania · 1931
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