Heist v. Montayne
Superior Court of Pennsylvania
Appeal, No. 5, Oct. T., 1912, by Wayne Herkness, from judgment of O. P. Montgomery Co., June T., 1911, No. 21, on verdict for plaintiff in case of George D. Heist, trading as G. H. Heist & Son, v. Edward Montayne, contractor, and John Gundlach, owner or reputed owner, and Wayne Herkness, intervening defendant. Scire facias sur mechanic’s lien. Before Swartz, P. J., and Weand, J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 5, Oct. T., 1912, by Wayne Herkness, from judgment of O. P. Montgomery Co., June T., 1911, No. 21, on verdict for plaintiff in case of George D. Heist, trading as G. H. Heist & Son, v. Edward Montayne, contractor, and John Gundlach, owner or reputed owner, and Wayne Herkness, intervening defendant. Scire facias sur mechanic’s lien. Before Swartz, P. J., and Weand, J. The facts are stated in the opinion of the Superior Court. At the trial the jury rendered a verdict by agreement in favor of the plaintiff for the amount of the. claim with interest, subject to the right of the…
1Opinion of the Court
Opinion by
Porter, J.,
This is a scire facias upon a mechanic’s lien, in which the plaintiff recovered a verdict and judgment in the court below and the defendant Herkness, the present owner of the property, appeals. Montayne had contracted with Gundlach to erect a building upon land of which the latter was the owner. Heist became a subcontractor under Montayne, furnishing to the latter material for the building, the last item of said material being furnished on August 15, 1910. Montayne having failed to make full payment to Heist for the material so furnished, the latter, on February 11, 1911,…
2Cases cited5 opinions
- Page v. CarrSupreme Court of Pennsylvania · 1911
- Thirsk v. EvansSupreme Court of Pennsylvania · 1905
- Sumption v. RogersSuperior Court of Pennsylvania · 1913
- Malone v. HosfeldSuperior Court of Pennsylvania · 1913
- Bametzrieder v. CanevinSuperior Court of Pennsylvania · 1910
3Cited by6 opinions
- Benton v. David Berg Distilling Co.Superior Court of Pennsylvania · 1916
- Crane Co. v. RogersSuperior Court of Pennsylvania · 1915
- Zeigler Lumber & Supply Co. v. Golden Triangle Development Co.Superior Court of Pennsylvania · 1974
- Rosenheck v. StapeSuperior Court of Pennsylvania · 1937
- Keever v. Ulrich, Pennsylvania Court of Common Pleas, Dauphin County1927
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