Howarth v. Chester City Presbyterian Church
Supreme Court of Pennsylvania
Appeal, No. 128, July T., 1893, by plaintiffs, Robert Howarth et al., trading as Robert Howarth & Son, subcontractors, from judgment of C. P. Delaware Co., Sept. T., 1889, No. 23, on verdict for defendants. Sci. fa. sur mechanic’s lieu. Before Clayton, P. J. The facts appear by the opinion of the Supreme Court. Error assigned was binding instruction for defendant, quoting it.
1Opinion of the Court
Opinion by
Mr. Justice Fell,
Wm. D. Smith entered into an agreement with the Chester City Presbyterian Church to erect a building. The contract provided that the final payment should be made “ when the entire contract is completed and delivered to the said party of the second part with release of all liens and claims,” and “ the *18said party of the first part hereby agrees to deliver the said building all complete as aforesaid at the time above mentioned, free from the claims of mechanics and matérial men and all claims whatever.”
The jury was instructed that under this contract the contractor…
2Cases cited3 opinions
- Nice v. WalkerSupreme Court of Pennsylvania · 1893
- Taylor v. MurphySupreme Court of Pennsylvania · 1892
- Evans v. GroganSupreme Court of Pennsylvania · 1893
3Cited by3 opinions
- Kokomo, Frankfort & Western Traction Co. v. Kokomo Trust Co.Indiana Supreme Court · 1923
- Chester City Presbyterian Church v. ConlinSuperior Court of Pennsylvania · 1899
- Chester City Presbyterian Church v. ConlinSuperior Court of Pennsylvania · 1902