Haley v. Prosser
Supreme Court of Pennsylvania
ERROR to the District Court of Allegheny county. David Prosser against Frederick Haley. Scire facias sur mechanics’ lien.
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ERROR to the District Court of Allegheny county. David Prosser against Frederick Haley. Scire facias sur mechanics’ lien. The plaintiff’s claim was filed under the mechanics’ lien law for the carpenter-work done by him for the defendant in building a house, to the amount of $226.45. The defendant pleaded to the scire facias “ that the plaintiff did the work claimed for in this case under a special contract with the defendant, and that he is not entitled to a lien under the Act of Assembly, dec.” The plaintiff replied, denying the defendant’s plea. The plaintiff having proved the amount of…
1Per curiam
We have heretofore ruled that where there is a special contract with the owner, the party who deals with him must provide for.-hiS' own security; but that where there is no agreement in which the terms of the bargain are particularly stated, he is supposed to contract on the basis of the law. Indeed the specification, required by the statute, of “ the nature or kind of the work done, or the kind and amount of materials furnished, and the time when the materials were furnished or the work was done,” is inapplicable to a lumping case, in-which the party has contracted for a round sum, or, as in…
2Cited by6 opinions
- Lee v. BurkeSupreme Court of Pennsylvania · 1870
- Chapman v. FaithSuperior Court of Pennsylvania · 1902
- Hahn's AppealSupreme Court of Pennsylvania · 1861
- Jobsen v. BodenSupreme Court of Pennsylvania · 1848
- O'Brien v. LoganSupreme Court of Pennsylvania · 1848
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