Dagit v. Radnor Convalescent & Nursing Home, Inc.

Sweney, P. J.,

This case is before the court en banc upon defendant’s preliminary objection, raising the single issue that plaintiffs’ mechanic’s claim must be dismissed because there was no erection or construction upon defendant’s property and, therefore, no supervision by plaintiff architects, as required to maintain an architect’s mechanic’s claim.

On May 7, 1965, plaintiffs filed their claim; on May 21,1965, an affidavit of service was duly filed; on June 3, 1965, defendant filed'preliminary objection.

The case before us tests the pleadings. At this juncture, the facts are not important,…