Burr v. Mazer

Citations

• 2 Pa. Super. 436
• 1896 Pa. Super. LEXIS 71

Syllabus

<p>Mechanics liens — Abandonment by contractor as affecting subcontractor.</p> <p>A contractor having defaulted and the building being completed by another contractor such abandonment, after a subcontractor has completed the work he undertook to do, cannot extinguish the latter’s right to file a lien which had already accrued.</p> <p>Statute of frauds — Collateral and original undertakings.</p> <p>A promise will not be held a collateral, as distinguished from an original undertaking, which must be put in writing to be binding, where, upon the whole transaction, the fair inference is that the leading, object or purpose and the effect of the transaction was the purchase or acquisition by the promisor from the promisee of some property, lien or benefit which he did not before possess, but which would enure to him by reason of his promise so that the debt for which he is liable may fairly be deemed to be a debt of his own contracted in such purchase or acquisition.</p> <p>Statute of frauds — Waiver of lien on verbal promise.</p> <p>A promise in form to pay or answer for the debt of another which is accepted by the pi’omisee in lieu of his claim against the original debtor so that the latter is extinguished is not within the statute.</p> <p>A contractor waived his lien against a church building on a promise made by a trustee of the church in the following language: “For God’s sake don’t shame me and our church, I will pay if you don’t lien.” Held, not to be within the statute.</p>