McCartney, Kenny & Co. v. Lewis P. Buck & Co.
Superior Court of Delaware
Scire Facias on Mechanic’s Lien. The plaintiffs, McCartney, Kenny & Co., had contracted with defendants, Lewis P. Buck & Co., for the material for upholstering the Academy of Music. The goods and materials were charged to L. P. Buck & Co. Plaintiffs claim they were furnished on the credit of the building. All goods furnished were in the building prior to its completion, and amounted to $2,605.27, of which $1,100 had been paid.
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Scire Facias on Mechanic’s Lien. The plaintiffs, McCartney, Kenny & Co., had contracted with defendants, Lewis P. Buck & Co., for the material for upholstering the Academy of Music. The goods and materials were charged to L. P. Buck & Co. Plaintiffs claim they were furnished on the credit of the building. All goods furnished were in the building prior to its completion, and amounted to $2,605.27, of which $1,100 had been paid. The original terms of the contract were, $1,300 cash and note for $500, in advance. Some of the goods were delivered by plaintiffs, and afterwards replevied ; and when…
1Opinion of the Court
Comegys, C. J.,
charged the jury:
In this case, several questions are to be considered.
1st. Whether the articles claimed for, that is those mentioned in what is called Schedule B, were furnished to the defendants upon the credit of the building called The Academy of Music, on Delaware Avenue near Tatnall Street in this city ? This is a question of fact for you to decide.
2nd. Whether they are such materials as are contemplated by, and intended to be embraced within, the Mechanics Lien Law of this State. That is a question of law about which you will be instructed.
3rd. Whether the payment of…
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