James Smith Woolen Machinery Co. v. Browne
Supreme Court of Pennsylvania
Appeal, No. 11, Jan. T., 1903, by plaintiff, from order of C. P. No. 2, Phila. Co., Sept. T. 1900, No. 1308, M. L. D., refusing to take off nonsuit in ease of James Smith Woolen Machinery Company v. William Browne, Owner, and William Browne et al., trading as Phenix Mills Company, Contractors and Lessees. Scire facias sur mechanic’s lien.
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Appeal, No. 11, Jan. T., 1903, by plaintiff, from order of C. P. No. 2, Phila. Co., Sept. T. 1900, No. 1308, M. L. D., refusing to take off nonsuit in ease of James Smith Woolen Machinery Company v. William Browne, Owner, and William Browne et al., trading as Phenix Mills Company, Contractors and Lessees. Scire facias sur mechanic’s lien. Before WiltsANK, J. The lien filed in this case was a claim “ against all that certain lot or piece of ground with the factory building called the Schuylkill Factory and other buildings and improvements thereon erected and the machinery, steam engines and…
1Opinion of the Court
Opinion by
Ms. Justice Mitchell,
The plaintiff’s claim rests entirely on the Act of June 17, 1887, P. L. 409, and therefore a substantial if not a strict compliance with the requirements of the statute is essential to its validity. But examination shows an entire failure of such compliance.
The claim is filed “ for materials delivered and labor furnished.” The statute gives a lien only for “performing labor, or furnishing labor for or about the construction,” etc. It is very carelessly drafted (probably as suggested by McIlvaine, J., in McKeever v. Victor Oil Co., 9 Pa. C. C. Rep. 284, from negli*546…
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