Caldwell v. Carter
Supreme Court of Pennsylvania
Appeal, No. 364, Jan. T., 1892, by defendant, Joseph H. Carter, from order of O. P. No. 4, Phila. Co., discharging rule to open judgment. Scire facias sur mechanic’s lien. The bill of particulars appended to claim was as follows: "Philadelphia, April 1st, 1891. "Joseph H. Carter, Owner and Contractor.
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Appeal, No. 364, Jan. T., 1892, by defendant, Joseph H. Carter, from order of O. P. No. 4, Phila. Co., discharging rule to open judgment. Scire facias sur mechanic’s lien. The bill of particulars appended to claim was as follows: "Philadelphia, April 1st, 1891. "Joseph H. Carter, Owner and Contractor. To Caldwell and Johnson, Dr. "1890. "Aug. 30.—To Paper Hanging in 16 houses situate on the north side of Walnut street, between 51st st. and52d street, 27th Ward, Phila., from Aug 30, 1890, to March 21, 1891, . $400.00 By cash on account, 200.00 Balance due, $200.00 ” Judgment was entered for…
1Opinion of the Court
Per Curiam,
This case was affirmed at bar, but we consider it proper to give briefly our reasons for this action.
The claim appears to be defective in that it was for a lump sum with no items of the articles furnished. This cannot be done at all by a subcontractor, nor even by a contractor with the owner, except upon an express contract, which is not averred. But this objection is merely technical and was made too late. The appellant allowed a judgment to be entered against him for want of an affidavit of defence, which is perfectly regular on its face, and no defence is now set up on the…
2Cited by4 opinions
- Johnson v. KusminskySupreme Court of Pennsylvania · 1926
- Krall v. Lebanon Valley Savings & Loan Ass'nSupreme Court of Pennsylvania · 1923
- E. T. Burrowes Co. v. Cambridge Springs Co.Superior Court of Pennsylvania · 1904
- Resnick v. Epstein, Pennsylvania Court of Common Pleas, Philadelphia County1948