Blaisdell v. Dean

Citations

• 9 Pa. Super. 639
• 1899 Pa. Super. LEXIS 90

Syllabus

<p>Mechanic's lien — Separate stipulation against liens — Practice, G. P.</p> <p>A separate stipulation in the shape of an original document which furnishes notice to all subcontractors of the existence and terms of the stipulation against liens contained in a building contract, and further explicitly stating that the stipulation filed was executed before work was authorized to commence under the contract, fulfils all that is required by the spirit of. the Act of June 26, 1895, P. L. 369, and a lien filed by a subcontractor in face of such a document of record will be stricken off.</p> <p>The better practice however would be not simply to recite in the separate stipulation that the original contract contains a clause providing that nu liens shall bo filed, but to execute a separate and distinct agreement with the provisions repeated so that the separate stipulation may comply with the strict letter of the statute.</p>