N. Green & Co. v. Thompson
Supreme Court of Pennsylvania
Appeal, No. 96, Oct. T., 1895, by defendants, from judgment of C. P. No. 1, Allegheny Co., June T., 1894, No. 724, on verdict for plaintiff. Scire facias sur mechanic’s lien. Before Stowe, P. J. At the trial it appeared that the lien was filed against five houses for material furnished.
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Appeal, No. 96, Oct. T., 1895, by defendants, from judgment of C. P. No. 1, Allegheny Co., June T., 1894, No. 724, on verdict for plaintiff. Scire facias sur mechanic’s lien. Before Stowe, P. J. At the trial it appeared that the lien was filed against five houses for material furnished. The agreement without date known as Exhibit B. under which the buildings were built was as follows: John A. Wood agrees to build for Thompson and Nevin five (5) houses on lots 21, 22, 23 and 24 Dickson Plan, 13th ward, Pittsburg, exactly like twelve houses built for Jas. L. DeLong on south side of Ann street,…
1Opinion of the Court
Opinion by
Mr. Justice McCollum,
The buildings against which the claim in suit was filed were “ constructed under the contract designated as- exhibit B,” and there is nothing in it to suggest that it is subject to or in any manner qualified by the contract of February 13, designated as exhibit “ A,” nor is there anything in the latter from which it can be inferred that any provision of it is applicable to the former. The defendants have not printed in their paper-book any evidence which tends to show that there was a parol agreement modifying the contract under which the buildings liened were…
2Cases cited2 opinions
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