Benedict v. Hood
Supreme Court of Pennsylvania
APPEAL BY -DEFENDANT FROM THE COURT OF COMMON PLEAS NO. 2 OF PHILADELPHIA COUNTY. No. 193½ January Term 1889, Sup. Ct.; court below, No. 4 December Term 1887, M. L. D., C. P. No. 2. To tbe number and term of the court below, Edgar H. Benedict issued a scire facias, sur a mechanics’ lien for plastering, against James E. Wood, owner, and Joseph C. Pharaoh, contractor. Issue.
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APPEAL BY -DEFENDANT FROM THE COURT OF COMMON PLEAS NO. 2 OF PHILADELPHIA COUNTY. No. 193½ January Term 1889, Sup. Ct.; court below, No. 4 December Term 1887, M. L. D., C. P. No. 2. To tbe number and term of the court below, Edgar H. Benedict issued a scire facias, sur a mechanics’ lien for plastering, against James E. Wood, owner, and Joseph C. Pharaoh, contractor. Issue. At the trial, the plaintiff read in evidence the claim filed, showing the amount due thereon to be #352.55, and rested. The defendants then showed that the building, a stone house on a corner of Gowen avenue and Ardleigh…
1Opinion of the Court
Opinion,
Mr. Justice Geeen:
We have just decided, in the case of Schroeder v. Galland, *293ante, 277, that a stipulation that no liens shall be filed, in a contract between the owner and builder, is obligatory upon subcontractors, and deprives them of the right to file a lien against the building. That decision is applicable to the present case, and controls it. There is here the added circumstance that the sub-contractor joined in a bond with other sub-contractors to the owner, conditioned for the faithful performance, by the principal contractor, of all the covenants and agreements of the…
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