Camdem Wood Turning Co. v. Malcolm
Supreme Court of Pennsylvania
Appeal, No. 107, Jan. T., 1898, by defendants, from judgment of C. P. No. 8, Phila. Co., June T., 1895, No. 36, on verdict for plaintiff. Scire facias sur mechanic’s lien. Before Gordon, J. The facts appear by the opinion of the Supreme Court. The court gave binding instructions for plaintiff. Verdict and judgment for plaintiff for SI,971.08. Defendants appealed.
Read the full summary
Appeal, No. 107, Jan. T., 1898, by defendants, from judgment of C. P. No. 8, Phila. Co., June T., 1895, No. 36, on verdict for plaintiff. Scire facias sur mechanic’s lien. Before Gordon, J. The facts appear by the opinion of the Supreme Court. The court gave binding instructions for plaintiff. Verdict and judgment for plaintiff for SI,971.08. Defendants appealed. Error assigned was the instruction of the court. -The case was for the jury: Menner v. Del. & Hudson Canal Co., 7 Pa. Superior Ct. 135; McFarland v. Newman, 9 Watts, 59; Brubaker v. Okeson, 36 Pa. 519; Maynes v. Atwater, 88 Pa. 496;…
1Opinion of the Court
Opinion by
Mr. Justice Dean,
Frank M. Malcolm, one of defendants, was the owner of seventy-six vacant lots of ground in the city of Philadelphia. On the 21st of May, 1894, Malcolm entered into a written contract with John J. Raney, whereby Raney agreed to build for Malcolm a house on each lot; the building to be done under the supervision of and with the approval of Frederick J. Amweg, architect. The contract contained an express waiver by Raney *64for himself and subcontractors, of the right to file mechanics’ liens. Raney contracted with George S. Yerkes, for the mill work of the houses, but…
2Cases cited2 opinions
- M'Farland v. NewmanSupreme Court of Pennsylvania · 1839
- Fulton v. Lancaster CountySupreme Court of Pennsylvania · 1894
3Cited by6 opinions
- McCormack v. JermynSupreme Court of Pennsylvania · 1944
- Denlinger, Inc. v. AgrestaSuperior Court of Pennsylvania · 1998
- General Finance Corp. v. Penn Nat. Hardware MutualDistrict Court, M.D. Pennsylvania · 1927
- Spring Brook Lumber Co. v. WatkinsSuperior Court of Pennsylvania · 1904
- Hirst v. Freeman, Pennsylvania Court of Common Pleas, Philadelphia County1922
1 more not listed; retrieve them via the Exa API.