Taylor v. Murphy
Supreme Court of Pennsylvania
Appeals, Nos. 455 and 456, Jan. T., 1892, by defendants, Christopher J. Murphy and John C. Williams, from judgments of C. P. No. 4, Phila. Co., June T., 1890, Nos. 253 and 254, for want of sufficient affidavits of defence, in favor of plaintiffs, Benjamin F. Tayloy and F. Wardell Taylor, trading as B. F. Taylor & Co. Sci. fa. sur mechanics’ liens.
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Appeals, Nos. 455 and 456, Jan. T., 1892, by defendants, Christopher J. Murphy and John C. Williams, from judgments of C. P. No. 4, Phila. Co., June T., 1890, Nos. 253 and 254, for want of sufficient affidavits of defence, in favor of plaintiffs, Benjamin F. Tayloy and F. Wardell Taylor, trading as B. F. Taylor & Co. Sci. fa. sur mechanics’ liens. Robert Christy, a builder, entered into a contract with appellants, Murphy and Williams, jointly, for the erection of a house for each upon adjacent lots which they respectively owned. Christy defaulted, and the persons who had been employed by him,…
1Opinion of the Court
Opinion by
Mr. Justice Williams,
The plaintiff furnished lumber and manufactured woodwork, for the erection of defendant’s dwelling-house, on the order or direction of Christy, the contractor. The mechanics’ lien, on which the writ of scire facias in this case issued, was entered for the amount of material so furnished. The defendant interposed an affidavit of defence, in which several reasons were urged as sufficient to prevent the entry of a judgment and carry the case to a jury for trial. These may be stated as follows:
1. That the house was erected under a written contract, in which Christy…
2Cases cited2 opinions
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- Gray v. JonesOregon Supreme Court · 1905
- Evans v. GroganSupreme Court of Pennsylvania · 1893
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