Legal Opinion

Lee v. Burke

Supreme Court of Pennsylvania

Decided October 31, 1870PublishedCited by 20 opinions

Error to the Court of Common Pleas of Allegheny county: No. 19, to October and November Term 1869. This was a scire facias on a mechanic’s lien, issued June 18th 1868, by William Burke and David Glass, partners, &e. against Francis L. Lee, owner, and Duncan & Waughter, contractors. The defendant Lee pleaded “No lien, payment, set-off with leave.”

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Error to the Court of Common Pleas of Allegheny county: No. 19, to October and November Term 1869. This was a scire facias on a mechanic’s lien, issued June 18th 1868, by William Burke and David Glass, partners, &e. against Francis L. Lee, owner, and Duncan & Waughter, contractors. The defendant Lee pleaded “No lien, payment, set-off with leave.” The case was tried November 17th Y868, before Stowe, J. The claim filed was for $296.30, against a building in Pittsburg, “being a debt contracted for materials furnished by the said claimant, within six months- last past, and work done in and about…

1Opinion of the Court

The opinion of the court was delivered, January 3d 1871, by

Shaeswood, J.

— The Act of Assembly of April 16th 1845, § 5, Pamph. L. 538, was intended to provide for the case of a special contract, made by a mechanic with the owner for the erection in whole or in part of a building. It was passed to change the law as declared in Hoatz v. Patterson, 5 W. & S. 537, and Haley v. Prosser, 8 W. & S. 133, in which it was held that one who by special contract undertakes to do the work or furnish the materials for a building, was not entitled to file a lien. Under this act it was decided in Young v.…

2Cases cited3 opinions

  1. Hoatz v. PattersonSupreme Court of Pennsylvania · 1843
  2. Lehman v. ThomasSupreme Court of Pennsylvania · 1843
  3. Haley v. ProsserSupreme Court of Pennsylvania · 1844

3Cited by20 opinions

  1. McFarland v. SchultzSupreme Court of Pennsylvania · 1895
  2. Wharton v. Real Estate Investment Co.Supreme Court of Pennsylvania · 1897
  3. Klinefelter v. BaumSupreme Court of Pennsylvania · 1896
  4. Murphy v. BearSupreme Court of Pennsylvania · 1913
  5. Burger v. S. R. Moss Cigar Co.Supreme Court of Pennsylvania · 1909

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