Barker Painting Co. v. General Carbonic Co.
Superior Court of Pennsylvania
Appeal, No. 234, Oct. T., 1921, by plaintiff, from decree of O. P. No. 2, Pbila. Co., June T., 1920, No. 4556 M. L. D. striking off mechanic’s lien in the case of Barker Painting Company y. General Carbonic Company, Reputed Owner, Wilkie Carbonic Gas Company, Owner, and M. H. McCloskey, Jr., Inc., Contractor. Rule to strike off mechanic’s lien. The facts are stated in the opinion of the Superior Court. The court made absolute the rule. Error assigned was order of the court.
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Appeal, No. 234, Oct. T., 1921, by plaintiff, from decree of O. P. No. 2, Pbila. Co., June T., 1920, No. 4556 M. L. D. striking off mechanic’s lien in the case of Barker Painting Company y. General Carbonic Company, Reputed Owner, Wilkie Carbonic Gas Company, Owner, and M. H. McCloskey, Jr., Inc., Contractor. Rule to strike off mechanic’s lien. The facts are stated in the opinion of the Superior Court. The court made absolute the rule. Error assigned was order of the court. Rush v. Able, 90 Pa. 153; Brown v. Kolb, 8 Pa. Superior Ct. 413; Bennett Lumber & Mfg. Co. v. Hartrick, 61 Pa. Superior…
1Opinion of the Court
Opinion by
Henderson, J.,
The appellant is a subcontractor who filed a lien against the real estate of the appellee. The lien was stricken off by the court on the application of the owner, for- the reason that it did not fully set forth a contract alleged to have been entered into by the plaintiff with the contractor, and that it did not set forth the dates when the several items of labor and material were furnished under an additional contract. From that order we have this appeal. It is set forth in the lien that the plaintiff submitted to the contractor a written estimate for the painting and…
2Cases cited3 opinions
- McFarland v. SchultzSupreme Court of Pennsylvania · 1895
- Burrows v. CarsonSupreme Court of Pennsylvania · 1914
- Bennett Lumber & Manufacturing Co. v. HartrickSuperior Court of Pennsylvania · 1915
3Cited by5 opinions
- Currie v. KoehlerSuperior Court of Pennsylvania · 1926
- Johnson Service Co. v. Fayette Title & Trust BuildingSuperior Court of Pennsylvania · 1929
- Duplex Elec. Co. v. Simons, Brittain & English, Inc.Superior Court of Pennsylvania · 1931
- Koons v. Harding, Pennsylvania Court of Common Pleas, Dauphin County1923
- Frey v. Snyder, Pennsylvania Court of Common Pleas, Lehigh County1924