Westinghouse Electric Supply Co. v. Franklin Institute of State of Pennsylvania

Terry, Judge.

It should not be contended that a subcontractor can sue an owner under our Mechanics’ Lien statute and not make the general contractor a party defendant, especially under the statement of claim as herein filed by the plaintiff. No privity of contract exists between the owner and the subcontractor. The general contractor is the link which connects the owner and the subcontractor. It is manifestly unjust to an owner against whom our statute operates with sufficient hardship, if properly and fairly construed, that, apart from the general contractor, he should be forced to defend…