Cribbs v. McDowell
Superior Court of Pennsylvania
Appeal, No. 28, April T., 1911, by W. A. Roberts, from judgment of C. P. No. 3, Allegheny Co., Aug. T., 1905, No. 382, on verdict for plaintiff in case of Hyatt M. Cribbs and Elizabeth A. Cribbs, doing business as John R. Cribbs & Son, v. A. McDowell, doing business as A. McDowell & Company, contractor, and W. A. Roberts, owner or reputed owner. Scire facias sur mechanic’s hen. Before Davis, J. The opinion of the Superior Court states the facts.
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Appeal, No. 28, April T., 1911, by W. A. Roberts, from judgment of C. P. No. 3, Allegheny Co., Aug. T., 1905, No. 382, on verdict for plaintiff in case of Hyatt M. Cribbs and Elizabeth A. Cribbs, doing business as John R. Cribbs & Son, v. A. McDowell, doing business as A. McDowell & Company, contractor, and W. A. Roberts, owner or reputed owner. Scire facias sur mechanic’s hen. Before Davis, J. The opinion of the Superior Court states the facts. The court gave binding instructions for plaintiff. Verdict and judgment for plaintiff for $1,381.84. W. A. Roberts appealed. Error assigned was in…
1Opinion of the Court
Opinion by
Hendekson, J.,
The plaintiffs were subcontractors under A. McDowell who had a contract with W. A. Roberts, the owner of the premises, for the erection of three brick veneer dwelling houses. The plaintiffs furnished the lumber used in the construction of one of the houses with the exception of the stair work and mantels. The contractor having failed to pay, a mechanic’s lien was filed against the property by the plaintiffs. The claim is resisted on the ground that in the contract between the owner and McDowell it was stipulated that neither the contractor nor any subcontractor or…
2Cases cited3 opinions
- Burger v. S. R. Moss Cigar Co.Supreme Court of Pennsylvania · 1909
- McClintock v. RushSupreme Court of Pennsylvania · 1870
- Kennedy v. House & HortonSupreme Court of Pennsylvania · 1861
3Cited by7 opinions
- May v. MoraSuperior Court of Pennsylvania · 1912
- Tiegel v. LoveSuperior Court of Pennsylvania · 1915
- Latrobe Borough v. AustrawSuperior Court of Pennsylvania · 1945
- Trustees of C. I. Mortgage Group v. Stagg of Huntington, Inc.Supreme Court of Pennsylvania · 1979
- Bethlehem Fabricators, Inc. v. Sisters of Mercy, Pennsylvania Court of Common Pleas, Luzerne County1930
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