American Car & Foundry Co. v. Alexandria Water Co.

Citations

• 215 Pa. 520
• 64 A. 683
• 1906 Pa. LEXIS 837

Syllabus

<p>Mechanic’s lien — Notice—Sworn statement — Contract—Act of June 4, 1901, P. L. 431.</p> <p>Under the Act of June 4, 1901, P. L. 431, relating to mechanics’ liens, it is not necessary to set out a copy of the notice to the owner in the claim itself. An averment of the date when, and the manner in which, the notice was served, is a sufficient compliance with the requirements of the act.</p> <p>The notice and sworn statement provided by the Act of June 4, 1901, P. L. 431, are sufficient to sustain a lien for water pipe, where' such notice and statement set forth the contract, and specifications as to the size, weight and price of the water pipe, with averments as to the kind of pipe furnished, the amount due, the manner in which such amount was made up, and the date when the last of the material was furnished. In such a ease it is not necessary that the notice should allege that the materials were furnished in accordance with the specifications of the contract.</p> <p>A bill of particulars annexed to a mechanic’s claim and filed therewith is to be taken as part of the lien.</p> <p>It cannot be objected to a mechanic’s lien filed under the Act of June 4, 1901, P. L. 431, that the lien is defective because the bill of particulars did not set forth “the kind of materials furnished” where it appears from the claim, the bill of particulars and the notice filed with it taken as a whole, that there could be no possible misunderstanding as to “the kind of materials furnished.”</p> <p>An objection to a mechanic’s lien that it does not contain any averment that the material was shipped in accordance with the specifications of the contract, is unfounded, where it is expressly alleged that under the contract the subcontractors furnished the materials set forth in the bill of particulars.</p> <p>A substantial compliance with the Act of June 4, 1901, P. L. 431, is sufficient, and this is shown to exist wherever enough appears, on the face of the statement, to point the way to suc