Dyer v. Wallace
Supreme Court of Pennsylvania
Appeal, No. 218, Jan. T., 1919, by plaintiff, from order of C. P. No. 1, Philadelphia Co., March T., 1918, No. 5366, M. L. D., striking off mechanic’s lien in case of William E. S. Dyer v. Richard L. Wallace, owner, and Richard L. Wallace, trading as R. L. Wallace & Company, Contractor. Rule to strike off mechanic’s lien. Before Patterson, J. The court made absolute the rule to strike off the lien. Plaintiff appealed.
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Appeal, No. 218, Jan. T., 1919, by plaintiff, from order of C. P. No. 1, Philadelphia Co., March T., 1918, No. 5366, M. L. D., striking off mechanic’s lien in case of William E. S. Dyer v. Richard L. Wallace, owner, and Richard L. Wallace, trading as R. L. Wallace & Company, Contractor. Rule to strike off mechanic’s lien. Before Patterson, J. The court made absolute the rule to strike off the lien. Plaintiff appealed. Errors assigned were in making absolute rule to strike off lien and in discharging rule for leave to amend the lien.
1Opinion of the Court
Opinion by
Mr. Justice Walling,
This is an appeal by the claimant from an order striking off a mechanic’s lien. The owner, Richard L. Wallace, on June 21,1917, entered into a written agreement with the claimant, William E. S. Dyer, a mill engineer and architect, by which the latter was to prepare plans and supervise the construction of a wool scouring plant on a tract of land at Eighty-first street and Bartram avenue, Philadelphia. The plant was to embrace two warehouses, a power house, a steam piping system and other structures and equipment. The contract states that, “As compensation in full…
2Cases cited21 opinions
- Page v. CarrSupreme Court of Pennsylvania · 1911
- Mesta Machine Co. v. Dunbar Furnace Co.Supreme Court of Pennsylvania · 1915
- Vulcanite Portland Cement Co. v. AllisonSupreme Court of Pennsylvania · 1908
- American Car & Foundry Co. v. Alexandria Water Co.Supreme Court of Pennsylvania · 1906
- Wharton v. Real Estate Investment Co.Supreme Court of Pennsylvania · 1897
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3Cited by33 opinions
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- Fluke v. LangSupreme Court of Pennsylvania · 1925
- Associated Lumber & Manufacturing Co. v. MastroianniSuperior Court of Pennsylvania · 1953
- Ott v. DuPlan Silk Corp.Supreme Court of Pennsylvania · 1921
- Alan Porter Lee, Inc. v. Du-Rite Products Co.Supreme Court of Pennsylvania · 1951
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