Brown v. Kolb

Citations

• 8 Pa. Super. 413
• 1898 Pa. Super. LEXIS 70

Syllabus

<p>Appeals — Harmless error.</p> <p>A judgment will not be reversed for an error which could have done the appellant no harm.</p> <p>Mechanic’s lien — Apportioned claims — Separate blocks — Subcontractor— Evidence.</p> <p>Where there are blocks of houses so differing in size, style, material, location or time of erection that the material going into their construction readily may be distinguished and ascertained, the lien claimant may file a separate claim against each block, apportioned among its own constituent houses, although all the blocks are erected by the same contractor under one contract.</p> <p>If it become neeessai-y to give evidence of the materials and labor furnished under the contract it is proper that the jury should have the whole account before them in order that they may understand more clearly the evidence as to admitted payments, the evidence being accompanied by proof that the lien was filed and apportioned only against the block in question although another house was covered by the contract and book entries.</p> <p>Mechanic's hen — Certainty of dates, etc. — Contract and extra work— Time of.</p> <p>As to time and dates of work done and material furnished for which a mechanic’s lien is filed, all that is required is such certainty as will enable those interested to discover during what period materials were delivered or the work done so as to individuate the transaction. Extra work, though outside the contract, is so closely connected with it as always to be included with that done and furnished under the contract, in filing the claims. Including contract and extra work in same lien subserves the interests of both contractor and owner and it accords with such interests, as well as with the statute, that the claim may be filed within six months after the building is finished, even if one kind in fact was not within six months of the filing.</p> <p>Mechanic's lien — Lumping charge — Assumption of contract by owner.</p> <p>The objections to a lum