Duff v. Hoffman
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Allegheny county: No. 218, to October and November Term 1869. This was a scire facias on a mechanics’ lien, issued February 2d 1869, by F. K. Duff and John Ewing, partners as Duff & Ewing, against M. S. Hoffman, owner, and Edward Boland, contractor. The claim was for shingles to the amount of $82, furnished by the plaintiffs for a house belonging to Hoffman.
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Error to the Court of Common Pleas of Allegheny county: No. 218, to October and November Term 1869. This was a scire facias on a mechanics’ lien, issued February 2d 1869, by F. K. Duff and John Ewing, partners as Duff & Ewing, against M. S. Hoffman, owner, and Edward Boland, contractor. The claim was for shingles to the amount of $82, furnished by the plaintiffs for a house belonging to Hoffman. The plaintiffs, after showing the lien, gave evidence that Hoffman contracted with Boland, who had a planing-mill, to deliver lumber to his house, that Boland furnished all. he had and obtained the…
1Opinion of the Court
The opinion of the court was delivered, January 3d 1870, by
Agnew, J. —
We agree with the learned judge of the court below, that a lumber dealer, who has engaged to furnish lumber for a house, is not such a contractor, under the Mechanic’s Lien Law, as can charge the building with a lien to another from whom *193he purchases his lumber. This much was said in Singerly v. Doerr, 12 P. F. Smith 9, decided at Philadelphia last winter, where, after holding that the owner of a planing-mill, who manufactured portions of the wood work of a house, could file a claim for the work he had done at his mill on…
2Cited by6 opinions
- Demharter v. First Federal Savings & Loan Ass'nSupreme Court of Pennsylvania · 1963
- Waters v. WolfSupreme Court of Pennsylvania · 1894
- Owen v. JohnsonSupreme Court of Pennsylvania · 1896
- Langenheim v. Anschutz-Bradberry Co.Superior Court of Pennsylvania · 1896
- Kountz Bros. v. Consolidated Ice Co.Superior Court of Pennsylvania · 1905
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