Felin v. Locust Realty Co.
Supreme Court of Pennsylvania
Appeal, No. 374, Jan. T., 1911, by plaintiffs, from judgment of C. P. No. 1, Phila. Co., Sept. T., 1908, No. 83, M. L. D., on verdict for defendants in case of Charles F. Felin et ah, trading as Charles F. Felin & Company, v. Locust Realty Company, Incorporated, Owner, etc., Moore & Company, Incorporated, Contractor, and Howard W. Page, Trustee in Bankruptcy of Moore & Company, Incorporated. Scire facias sur mechanic’s lien.
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Appeal, No. 374, Jan. T., 1911, by plaintiffs, from judgment of C. P. No. 1, Phila. Co., Sept. T., 1908, No. 83, M. L. D., on verdict for defendants in case of Charles F. Felin et ah, trading as Charles F. Felin & Company, v. Locust Realty Company, Incorporated, Owner, etc., Moore & Company, Incorporated, Contractor, and Howard W. Page, Trustee in Bankruptcy of Moore & Company, Incorporated. Scire facias sur mechanic’s lien. Before Brégy, P. J. ' The facts are stated in the opinion of the Supreme Court. The court gave binding instructions for defendants. Verdict and judgment for defendants.…
1Opinion of the Court
Opinion by
Mr. Justice Potter,
In this action, which was a scire facias upon mechanic’s lien, the only defense set up was the fact that the contractor, Moore & Company, a corporation, by its agreement duly executed and filed in the office of the prothonotary, had stipulated that no lien should be filed against the contemplated building, either by itself or by any subcontractor. Jonker D. Lit was the original owner of the ground, and it was. with him, upon August 8, 1907, that Moore & Company entered into a written contract for the construction of the building. Subsequently the Locust Realty…
2Cases cited3 opinions
- Vulcanite Portland Cement Co. v. AllisonSupreme Court of Pennsylvania · 1908
- Henry Taylor Lumber Co. v. Carnegie InstituteSupreme Court of Pennsylvania · 1909
- Pennock v. Locust Realty Co.Supreme Court of Pennsylvania · 1909
3Cited by6 opinions
- Trustees of C. I. Mortgage Group v. Stagg of Huntington, Inc.Superior Court of Pennsylvania · 1977
- Hill v. Edinboro Development, Inc.Superior Court of Pennsylvania · 1980
- Trustees of C. I. Mortgage Group v. Stagg of Huntington, Inc.Supreme Court of Pennsylvania · 1979
- Anastasi v. BrunetSuperior Court of Pennsylvania · 1952
- Trustees of C. I. Mortgage Group v. Stagg of Huntington, Inc.Superior Court of Pennsylvania · 1977
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