Bevan v. Thackara

Citations

• 143 Pa. 182
• 22 A. 873
• 1891 Pa. LEXIS 916

Syllabus

<p>LTo be reported.]</p> <p>1. Where a building, reasonably necessary for the improvement of a wife’s real estate, is erected thereon under a pontract therefor entered into by her husband, with her knowledge, approval and consent, it is subject to a mechanics’ lien for necessary materials furnished upon the order of the contractor and used in such erection.*</p> <p>2. Where materials are supplied, on the order of a contractor, for a dwelling and a stable on the same lot, a claim filed for materials furnished for the dwelling, hut not including the stable, is insufficient to authorize a recovery for materials supplied for the latter, though a reasonable appurtenance to the dwelling.</p> <p>3. Conceding, in such case, that the material-man would have had the right to file a lien for materials furnished to both house and stable, the mere mentioning of the stable in the hill of particulars appended to the claim as filed, was insufficient as an inclusion of the stable in the claim.</p> <p>4. A material-man is bound by the stipulations of the principal contractor: Schroeder v. Galland, 134 Pa. 277; and for materials furnished to the stable, in such case, his right to a lien is not aided by the fact that he was not aware that the dwelling and the stable were erected under separate and independent contracts.</p>