Legal Opinion

Mercer Milling & Lumber Co. v. Kreaps

Superior Court of Pennsylvania

Decided July 25, 1901No. Appeal, No. 50PublishedCited by 2 opinions

Appeal, No. 50, April T., 1901, by plaintiff, from order of C. P. Lawrence Co., Dec. T., 1899, No. 1, striking off mechanic’s lien in case of Mercer Milling and Lumber Company, Limited, v. Mary R. Kreaps, Owner or Reputed Owner, and J. F. Fike, Contractor. Motion to strike off mechanic’s lien.

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Appeal, No. 50, April T., 1901, by plaintiff, from order of C. P. Lawrence Co., Dec. T., 1899, No. 1, striking off mechanic’s lien in case of Mercer Milling and Lumber Company, Limited, v. Mary R. Kreaps, Owner or Reputed Owner, and J. F. Fike, Contractor. Motion to strike off mechanic’s lien. The lien was as follows: The Mercer Milling and Lumber Company, Limited, above named plaintiff, hereby files its claim or statement of demand for work done and materials furnished for and about the erection and construction and upon the, credit of the building hereafter mentioned, and against the same…

1Opinion of the Court

Opinion by

Rice, P. J.,

The claimant followed strictly the language of the act of 1836 and set forth, in its claim, that it was “ for work done and materials furnished for and about the erection and construction and upon the credit of the building hereafter mentioned,” and after setting forth other essentials, including a description of the building, concluded with these words, “ and the said building was finished and completed on April 2,1889.” Where a claim does not use the statutory phrase to describe either class of merchanics’ liens, or any equivalent words to indicate whether it is for…

2Cases cited3 opinions

  1. Wharton v. Real Estate Investment Co.Supreme Court of Pennsylvania · 1897
  2. McCristal v. CochranSupreme Court of Pennsylvania · 1892
  3. Brown v. KolbSuperior Court of Pennsylvania · 1898

3Cited by2 opinions

  1. Dyer v. WallaceSupreme Court of Pennsylvania · 1919
  2. Busse v. CanterSuperior Court of Pennsylvania · 1912

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