Armstrong v. Ware
Supreme Court of Pennsylvania
Error to the District Court, Philadelphia. This was a scire facias in favor of David Armstrong and Joseph Paxon, v. Isaac C. Ware and Others, Trustees, &c., owners or reputed owners, and Theodore A. Foster, contractor. It was on a mechanic’s lien. The building against which the lien was filed was a brick church, first built in 1816, one story high, being one room, standing about 25 feet back from the street.
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Error to the District Court, Philadelphia. This was a scire facias in favor of David Armstrong and Joseph Paxon, v. Isaac C. Ware and Others, Trustees, &c., owners or reputed owners, and Theodore A. Foster, contractor. It was on a mechanic’s lien. The building against which the lien was filed was a brick church, first built in 1816, one story high, being one room, standing about 25 feet back from the street. The trustees of the church wanted a new and larger building erected, and they contracted in writing with Theodore A. Foster to make certain “additions and alterations” for $2345. He…
1Opinion of the Court
The opinion of the Court was delivered, by
Lowrie, J.
The law gives a lien to mechanics on “ every building erected” by them; but not for adding to or altering an old building. The parties in their contract call this 'work additions and alterations: but is it properly so ? Every part of the house was reconstructed, except a part of three walls, and even in them the openings are new.
There must necessarily be cases wherein it is difficult to decide whether work done is to be regarded as the erection or as the alteration of a building, unless we regard as an alteration, any building in which old…
2Cited by10 opinions
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- City of Mayville v. RosingNorth Dakota Supreme Court · 1909
- 24 Broad Street Corp. v. QuinnNew Jersey Superior Court Appellate Division · 1952
- Boettiger v. WeberSuperior Court of Pennsylvania · 1914
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