Best v. Baumgardner, Eberman & Co.

Citations

• 122 Pa. 17
• 15 A. 691
• 1888 Pa. LEXIS 587

Syllabus

<p>1. Tbe act of May 18,1887, P. L. 118, extending to all the counties of the state the act of May 1, 1861, P. L. 650 (which authorizes mechanics’ liens for repairs, etc., to buildings in Chester, Delaware and Berks counties, extended to Lancaster county by act of March 22, 1865, P. L. 580), but with the proviso that to entitle to the benefit of the act, the claimant must give notice to the owner or reputed owner, of his intention to file a lieu, supersedes aud repeals the said acts of 1861 and 1865 by necessary implication.</p> <p>2. Although, in a lien filed under the act of 1887, a portion of the materials claimed for was furnished before its passage, yet the proviso as to the notice necessary docs not render the act inapplicable to such a claim for lien: The remedy by a mechanics’ lion is a creature of statute, intended to favor certain classes of persons; the power which gave it may at any time take it away, without an impairment of the obligation of a contract.</p>