Ballman v. Heron

Citations

• 160 Pa. 377
• 28 A. 914
• 1894 Pa. LEXIS 817

Syllabus

<p>Mechanics' liens — Contract against — Subcontractor—Tenants in common.</p> <p>In the absence of fraud, one of several tenants in common may contract with ills cotenanlsfor the erection of a building upon the land held in common, and may waive in the contract Iris right to file mechanics liens.</p> <p>If the contract is not made in good faith but is entered into for the purpose of misleading, and so defrauding, subcontractors and material men, it sliotdd be hold invalid because of the fraud, but not necessarily because the builder lias a fractional interest in the lots on which he has contracted with the other owners to build.</p> <p>Where a contractor agrees that no lien shall be entered “ for the work or materials necessary for the erection of the houses, a subcontractor cannot lile a lien for work done or materials furnished.</p>