McCarthy v. Reed Terrace, Inc.

Opinion by

Mr. Justice Cohen,

Appellant, Walter F. McCarthy, a contractor, and Reed Terrace, Inc., appellee, entered into an agreement for the construction of eleven- duplex houses in Delaware County. As a result of disputes over payment for work and materials, appellant on December 23, 1964 filed a mechanic’s lien against the premises. On January 29, 1965, appellant filed an affidavit of service which averred that notice of the filing of the claim was given to the appellee on December 30, 1964.

Appellee filed preliminary objections based in part upon appellant’s failure to comply with the…