McElroy v. Braden
Supreme Court of Pennsylvania
Appeal, No. 119, Oct. T., 1892, by plaintiffs, J. A. McElroy et al., from judgment of C. P. Washington Co., Nov. T., 1890, No. 194, on verdict for defendants, J. M. Braden and wife, et al. right of the plaintiffs to have a mechanics’ lien against this property. Objection overruled, exception. [1] Sci. fa. sur mechanics’ lien, against owners and contractor. Pleas, nunquam indebitatus. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 119, Oct. T., 1892, by plaintiffs, J. A. McElroy et al., from judgment of C. P. Washington Co., Nov. T., 1890, No. 194, on verdict for defendants, J. M. Braden and wife, et al. right of the plaintiffs to have a mechanics’ lien against this property. Objection overruled, exception. [1] Sci. fa. sur mechanics’ lien, against owners and contractor. Pleas, nunquam indebitatus. The facts appear by the opinion of the Supreme Court. On the trial, before McIlvaine, P. J., defendants offered to show by J. M. Braden, one of the defendants, the amount of money paid by the defendants under the…
1Opinion of the Court
Opinion by
Mr. Justice Sterrett,
In view of the express purpose of the offer recited in the first specification, we are not prepared to say there was error in overruling plaintiff’s objection thereto. The witness, then on the stand, had already testified that according to a specific provision of the owner’s agreement with the contractor, the latter was to receive, in cash, $5,000, the full consideration for furnishing materials and erecting the house, and that no lien should be filed against the building either by said contractor or any subcontractor or material-man. In the language of Mr.…
2Cases cited4 opinions
- Schroeder v. GallandSupreme Court of Pennsylvania · 1890
- Brown v. Cowan & SteeleSupreme Court of Pennsylvania · 1885
- Dersheimer v. MaloneySupreme Court of Pennsylvania · 1891
- Tebay v. Kirkpatrick & Co., Pennsylvania Court of Common Pleas, Armstrong County1892
3Cited by6 opinions
- Nice v. WalkerSupreme Court of Pennsylvania · 1893
- Waters v. WolfSupreme Court of Pennsylvania · 1894
- Raymond v. SchoonoverSupreme Court of Pennsylvania · 1897
- East Stroudsburg Lumber Co. v. GillSupreme Court of Pennsylvania · 1898
- Frey Wholesale Grocery Co. v. Cocino & SonsLouisiana Court of Appeal · 1922
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