Spring Brook Lumber Co. v. Watkins
Superior Court of Pennsylvania
Appeal, No. 57, Jan. T., 1904, by plaintiff, from judgment of C. P. Lackawanna Co., Nov. T., 1900, No. 775, on verdict for defendant in case of Spring Brook Lumber Company v. James E. Watkins. Scire facias sur mechanic’s lien. Before Weand, J., specially presiding. The facts are stated in the opinion of the Superior Court. The court gave binding instructions for defendant. Verdict and judgment for defendant. Plaintiff appealed.
Read the full summary
Appeal, No. 57, Jan. T., 1904, by plaintiff, from judgment of C. P. Lackawanna Co., Nov. T., 1900, No. 775, on verdict for defendant in case of Spring Brook Lumber Company v. James E. Watkins. Scire facias sur mechanic’s lien. Before Weand, J., specially presiding. The facts are stated in the opinion of the Superior Court. The court gave binding instructions for defendant. Verdict and judgment for defendant. Plaintiff appealed. Frror assigned was in giving binding instructions for defendant. This case is controlled by Camden Wood Turning Company v. Malcolm, 190 Pa. 62. The agreement between…
1Opinion of the Court
Opinion by
Postee,, J.,
The defendant entered into a written contract with Saar & Rosser, builders, to furnish the material for and construct a house upon land of which he was the owner. The contract contained a stipulation against liens, and was duly filed in the office of the prothonotary. Saar & Rosser ordered of the plaintiff company certain material, and one load of lumber was delivered, when the officers of the company discovered that the contract containing the stipulation against the filing of liens had been filed, and thereupon refused to furnish further materials. The officers of the…
2Cases cited2 opinions
- Camdem Wood Turning Co. v. MalcolmSupreme Court of Pennsylvania · 1899
- Waters v. WolfSuperior Court of Pennsylvania · 1896
3Cited by1 opinion
- Mar Ray, Inc. v. StarrSuperior Court of Pennsylvania · 1982