Carey v. Seifert

Citations

• 44 Pa. Super. 577
• 1910 Pa. Super. LEXIS 223

Syllabus

<p>Mechanic’s lien — Implied contract — Breach of contract.</p> <p>1. A builder who is engaged to erect a small building not defined by any specific plan at a price to be determined by the amount of labor and material required, may file a mechanic’s lien for work done and material furnished. The mechanic’s lien act provided for implied contracts.</p> <p>Contract — Entire contract — Performance—Instructions.</p> <p>2. Where in an action on a mechanic’s lien the jury finds as a fact that the agreement between the parties did not amount to an entire contract for the completion of the work at a fixed price, the trial judge cannot be convicted of error in refusing to charge that if the plaintiff failed in the performance of his contract in any material matter he could recover nothing.</p>