Legal Opinion

Standard Construction Co. v. Quaker City Cracker Co.

Superior Court of Pennsylvania

Decided February 28, 1920No. Appeal, No. 235PublishedCited by 1 opinion

Appeal, No. 235, Oct. T., 1919, by defendant, from judgment of C. P. No. 4, Phila. Co., Dec. T., 1917, No. 1210, M. L. D., on verdict for plaintiff in the case of Max Haupt and Edwin Bowden, Copartners, trading as Standard Construction Company, v. Clinton C. Richardson, Charles Orcutt and Henry J. Scott, Trading as Quaker City Cracker Company. Scire facias sur mechanics’ lien. Before Audenried, P. J: The facts are stated in the opinion of the Superior Court.

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Appeal, No. 235, Oct. T., 1919, by defendant, from judgment of C. P. No. 4, Phila. Co., Dec. T., 1917, No. 1210, M. L. D., on verdict for plaintiff in the case of Max Haupt and Edwin Bowden, Copartners, trading as Standard Construction Company, v. Clinton C. Richardson, Charles Orcutt and Henry J. Scott, Trading as Quaker City Cracker Company. Scire facias sur mechanics’ lien. Before Audenried, P. J: The facts are stated in the opinion of the Superior Court. Verdict for plaintiff for $238.57 and judgment thereon. Plaintiff appealed. The court charged in part as follows: [We have in this case…

1Opinion of the Court

Opinion by

Henderson, J.,

The plaintiffs’ action is a scire facias on a mechanic’s lien filed for the recovery of a balance due on a contract in writing for the erection of a one-story brick building intended to be used as a bakery. A cellar with corresponding walls was a part of the construction. The builders agreed to perform the work in a good and workmanlike manner according to the plans and specifications “to the satisfaction of the said owner.” The contract price to be paid for the building was $8,800. All of this was paid by the defendants except $304.75, which sum was withheld because…

2Cases cited9 opinions

  1. Singerly v. ThayerSupreme Court of Pennsylvania · 1885
  2. Filbert v. City of PhiladelphiaSupreme Court of Pennsylvania · 1897
  3. Pepper v. City of Philadelphia ex rel. HorterSupreme Court of Pennsylvania · 1886
  4. Thaler Bros. v. Greisser Construction Co.Supreme Court of Pennsylvania · 1911
  5. Holmes v. Chartiers Oil Co.Supreme Court of Pennsylvania · 1891

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3Cited by1 opinion

  1. Gessler v. FooteSuperior Court of Pennsylvania · 1933

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