Legal Opinion

Burrows v. Carson

Superior Court of Pennsylvania

Decided April 29, 1913No. 1; Appeal, No. 268PublishedCited by 4 opinions

Appeal, No. 268, Oct. T., 1912, by defendant, from order of C. P. No. 1, Phila. Co., Dec. Term, 1911, No. 5,918, M. L. D., discharging rule to strike out labor item, and in entering judgment for want of an affidavit of defense in case of Harry H. Burrows v. David R. Carson, Owner or Reputed Owner, and Calvin W. Rogers, Contractor. Scire facias sur mechanic’s lien. The material portion of the claim was as follows: CLAIM.

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Appeal, No. 268, Oct. T., 1912, by defendant, from order of C. P. No. 1, Phila. Co., Dec. Term, 1911, No. 5,918, M. L. D., discharging rule to strike out labor item, and in entering judgment for want of an affidavit of defense in case of Harry H. Burrows v. David R. Carson, Owner or Reputed Owner, and Calvin W. Rogers, Contractor. Scire facias sur mechanic’s lien. The material portion of the claim was as follows: CLAIM. Harry H. Burrows, claimant, files this his claim for the payment of the sum of $194.11, against the building and lot of ground hereinafter described of which said premises…

1Opinion of the Court

Opinion by

Porter, J.,

The plaintiff filed a mechanic’s lien for materials and *493labor alleged to-have been furnished to a building of which David R. Carson is owner, and for the erection of which Calvin W. Rogers was the contractor. The claim averred that the work was done and the materials furnished under a contract consisting of a written bid submitted by-plaintiff to Rogers, the contractor, to furnish and erect the stairs in sixteen houses according to three sets of plans, designated as Nos. 1, 2 and 3, and the stairs in three single houses according to another set of plans, or nineteen…

2Cases cited3 opinions

  1. McFarland v. SchultzSupreme Court of Pennsylvania · 1895
  2. Chapman v. FaithSuperior Court of Pennsylvania · 1902
  3. Northern Electrical Manufacturing Co. v. Columbia Brewing Co.Superior Court of Pennsylvania · 1911

3Cited by4 opinions

  1. Hamilton v. MeansSuperior Court of Pennsylvania · 1944
  2. Crane Co. v. RogersSuperior Court of Pennsylvania · 1915
  3. Seelar v. East End Mantel & Tile Co.Superior Court of Pennsylvania · 1914
  4. Frey v. Snyder, Pennsylvania Court of Common Pleas, Lehigh County1924

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