Thaler Bros. v. Greisser Construction Co.
Supreme Court of Pennsylvania
Appeal, No. 37, Oct. T., 1910, by defendant, from judgment of C. P. Butler Co., Dec. T., 1909, No. 234, on verdict for plaintiffs, in the case of August Thaler and William Thaler, copartners, trading as Thaler Bros., v. Wilhelm Greisser Construction Co., contractors, and the Butler Brewing Company, owners or reputed owners. Sci. fa. sur mechanic’s lien for balance of $1,370. Before Galbreath, P. J. The facts appear in the opinion of the Supreme Court.
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Appeal, No. 37, Oct. T., 1910, by defendant, from judgment of C. P. Butler Co., Dec. T., 1909, No. 234, on verdict for plaintiffs, in the case of August Thaler and William Thaler, copartners, trading as Thaler Bros., v. Wilhelm Greisser Construction Co., contractors, and the Butler Brewing Company, owners or reputed owners. Sci. fa. sur mechanic’s lien for balance of $1,370. Before Galbreath, P. J. The facts appear in the opinion of the Supreme Court. Plaintiffs presented this point: 2. The Greisser Construction Company, being the architect, agent and contractor of the Butler Brewing Company,…
1Opinion of the Court
Opinion by
Mr. Justice Moschziskeb,
This was a mechanic’s lien proceeding in which Thaler Brothers, subcontractors, were plaintiffs, and the Butler Brewing Company, owner, and the Wilhelm Greisser Construction Company, contractor, were defendants. The verdict was for the plaintiffs for the full amount of their claim with interest, and the defendants have appealed.
The claim was founded upon a written contract dated September 25, 1902. Throughout this contract the plaintiffs are designated as “the contractor,” and the construction company as “the owner;” and it is therein provided, “The…
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