Beaumont Bros. v. Lane

Citations

• 3 Pa. Super. 73
• 1896 Pa. Super. LEXIS 107

Syllabus

<p>Practice, O. P. — Stipulated issue — Finding of facts and entry of judgment.</p> <p>Where parties, stipulating for themselves, have framed the issue to be tried and stated what facts should explicitly be found in order to entitle the plaintiffs to their judgment, and the facts having been found in favor of the plaintiffs, there is nothing left for the referee and the court but to enter judgment according to the express stipulation of the parties.</p> <p>Mechanic's lien — Equitable assignment — Building contract.</p> <p>An order, given by B., the subcontractor, directed to the owner of a building, “to pay to M. $180.00 and charge same to our account for material and labor on houses, per contract,” of which L. and the main contractor had notice, although not accepted byL., is an equitable assignment of B.’s claim. The subsequent admission by L., garnisheed under attachment execution on a judgment against B. obtained by another creditor, of indebtedness dueB., is no defense to a sci. fa. sur mechanic’s lien brought by B. to use of M.</p>