Centenary M. E. Church v. Clime
Supreme Court of Pennsylvania
No. 203 July Term 1886, Sup. Ct.; court below, No. 603 December Term 1883, C.'P. On the trial in the court below of a scire facias sur a mechanic’s lien which had been filed by Hiram Clime, a stone mason, against the church edifice and appurtenant curtilage of The Centenary M. E. Church of the city of Philadelphia, owner, and the board of trustees of the same, acting by Philip Rudolph, contractor, it appeared that said edifice had been begun and partly erected with a gray…
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No. 203 July Term 1886, Sup. Ct.; court below, No. 603 December Term 1883, C.'P. On the trial in the court below of a scire facias sur a mechanic’s lien which had been filed by Hiram Clime, a stone mason, against the church edifice and appurtenant curtilage of The Centenary M. E. Church of the city of Philadelphia, owner, and the board of trustees of the same, acting by Philip Rudolph, contractor, it appeared that said edifice had been begun and partly erected with a gray stone from the Bunting quarries, when on July 11,1883, the plaintiff entered into a written contract with Philip Rudolph,…
1Opinion of the Court
Opinion,
Mr. Justice Trunkey :
Clime agreed to do all the stone work of the building according to the plans furnished by the architect, and also do all necessary repairing to the old work, for consideration of $4 per perch for the new. Nothing is said of the kind of stone in the writing.
The first story of the building was erected in 1876, roofed, and used for worship until 1883. That story was built of gray stone from Bunting’s quarry, and is the work referred to in the written agreement, to be repaired and pointed. J. W. Bailey had charge of the construction of the work, and after consulting…
2Cases cited1 opinion
- Swett v. ShumwayMassachusetts Supreme Judicial Court · 1869
3Cited by15 opinions
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- Clements v. BolsterSuperior Court of Pennsylvania · 1898
- McDonough v. Jolly Bros.Supreme Court of Pennsylvania · 1895
- Westinghouse Electric & Manufacturing Co. v. Greenville Coal Co.Court of Appeals of Kentucky · 1916
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