Kyle v. Graham
Superior Court of Pennsylvania
Appeal, No. 234, Oct. T., 1910, by plaintiff, from judgment of C. P. Delaware Co., June Term, 1909, No. 12, M. L. D., for defendant non obstante veredicto in case of George Kyle v. John W. Graham, owner, or reputed owner, and W. S. Van Asdlen, contractor. Scire facias sur mechanic’s lien.
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Appeal, No. 234, Oct. T., 1910, by plaintiff, from judgment of C. P. Delaware Co., June Term, 1909, No. 12, M. L. D., for defendant non obstante veredicto in case of George Kyle v. John W. Graham, owner, or reputed owner, and W. S. Van Asdlen, contractor. Scire facias sur mechanic’s lien. At the trial the jury returned a verdict for plaintiff for $390.55. Subsequently the court entered judgment for defendant n. o. v., Johnson, P. J., filing the following opinion: Verdict for plaintiff under direction of the court. Motion for new trial and motion for judgment notwithstanding verdict. This is a…
1Opinion of the Court
Opinion by
Head, J.,
The plaintiff asserts his right to enforce a mechanic’s lien against the defendant owner for the price of material which he furnished in the spring of 1909 to a certain building then being constructed for the owner by Van Asdlen, a contractor. The material was furnished at the instance of the contractor and delivered in the early part of February. The owner had entered into a written contract with Van Asdlen in the fall of 1908 for the construction of this building. The contract was dated on September 30 and contained no provision on the subject of mechanics’ liens. On…