Calhoun v. Mahon
Supreme Court of Pennsylvania
Error to the Common Pleas of Allegheny county. This was a scire facias on a claim for materials, as follows: Richard Mahon, of the county aforesaid, brickmaker, files this, his claim for the payment of $65.99, against all that certain three story brick dwelling-house, situate on the corner of Morgan and Cedar streets, in the Fourth Ward of Allegheny city, in the county aforesaid, being 16 feet in front by 18 feet in depth, and the lot or piece of ground appurtenant being 25…
Read the full summary
Error to the Common Pleas of Allegheny county. This was a scire facias on a claim for materials, as follows: Richard Mahon, of the county aforesaid, brickmaker, files this, his claim for the payment of $65.99, against all that certain three story brick dwelling-house, situate on the corner of Morgan and Cedar streets, in the Fourth Ward of Allegheny city, in the county aforesaid, being 16 feet in front by 18 feet in depth, and the lot or piece of ground appurtenant being 25 feet in front by---in depth. The said sum of $65.99 being a debt contracted for materials furnished, viz.: 16,836 brick,…
1Opinion of the Court
The opinion of the court was delivered by
Bell, J.
— The single question in this cause, whether the time when the bricks were furnished by the plaintiff is sufficiently stated, on the face of the claim filed, or may with convenient certainty be collected from it, is, I should think, ruled by Dreisbach v. Kellar, 2 Barr 77; Shaw v. Barnes, 5 Barr 18; Reichbaugh v. Dagan, 7 Barr 394; and Knabb’s Appeal, 10 Barr 186. All these cases settle that a substantial compliance with the requisites of the act of 1836, on the subject of the claim filed, is sufficient. Certainty to a common intent is all that…
2Cited by12 opinions
- Mitchell Engineering Co. v. Summit Realty Co.Missouri Court of Appeals · 1982
- Tesauro v. BAIRDSuperior Court of Pennsylvania · 1975
- Willson v. CanevinSupreme Court of Pennsylvania · 1910
- Intercoastal Lumber Distributors, Inc. v. DerianSuperior Court of Pennsylvania · 1934
- Regency Investments, Inc. v. Inlander Ltd.Superior Court of Pennsylvania · 2004
7 more not listed; retrieve them via the Exa API.