Black v. Hartrick
Supreme Court of Pennsylvania
Appeal, No. 112, Oct. T., 1914, from judgment of C. P. Allegheny Co., Oct. T., 191.2, No. 2564, for defendants, non obstante veredicto in case of W. J. Black and John G. Sell, Partners, trading as W. J. Black & Company v. J. Albert Hartrick and Lillian Brant Hartrick, Owners or Reputed Owners, and Thomas O. Reese and Charles McC.
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Appeal, No. 112, Oct. T., 1914, from judgment of C. P. Allegheny Co., Oct. T., 191.2, No. 2564, for defendants, non obstante veredicto in case of W. J. Black and John G. Sell, Partners, trading as W. J. Black & Company v. J. Albert Hartrick and Lillian Brant Hartrick, Owners or Reputed Owners, and Thomas O. Reese and Charles McC. Reese, formerly Partners Doing Business as T. O. Reese & Brother, Contractors, for Whom Individually and as Partners, the Commonwealth Trust Company is Trustee in Bankruptcy. Scire facias sur mechanics’ lien. Before Evans, J. The opinion of the Supreme Court states…
1Opinion of the Court
Opinion by
Me. Justice Elkin,
We entirely agree with the learned court below that in its main features this case is ruled by Schively v. Radell, 227 Pa. 434. The materials were furnished and the work was done on two separate buildings and under two separate and distinct contracts between the owner and general contractor through whom appellants as subcontractors claim. A single claim was filed for materials furnished in the construction of two separate buildings, and this cannot be done as was decided in Todd v. Gernert, 223 Pa. 103. The structures were separated by marks upon the ground,…
2Cases cited2 opinions
- Schively v. RadellSupreme Court of Pennsylvania · 1910
- Todd v. GernertSupreme Court of Pennsylvania · 1909
3Cited by3 opinions
- Bennett Lumber & Manufacturing Co. v. HartrickSuperior Court of Pennsylvania · 1915
- Curti v. HartrickSuperior Court of Pennsylvania · 1915
- Bossen v. Nocella, Pennsylvania Court of Common Pleas, Montgomery County1958