In re Hempfield Homes, Inc.

BIGGS, Circuit Judge.*

The decision of the Referee is erroneous as a matter of law. The pertinent facts follow.

From July 11 to December 28,1956, Peter Lumber Company, the claimant, supplied materials to the bankrupt, Hemp-field Homes, Inc., as contractor, for or toward the erection of two new dwelling houses on land owned by the bankrupt, Hempfield Land Corp. On January 17, 1957, Peter, as a subcontractor, served on Land Corporation notice of intention to file mechanics’ liens as required by 49 P.S.Pa. § 101. Thereafter Peter filed proof of service of the notice in the appropriate Court of…