Catanach v. Cassidy

Citations

• 159 Pa. 474
• 28 A. 297
• 1894 Pa. LEXIS 871

Syllabus

<p>Mechanic's lien — Material—Affidavit of defence.</p> <p>An affidavit of defence to a mechanic’s lien is insufficient which avers that defendant was his own contractor and that he entered into a contract with Connor, the alleged contractor, to do the plastering; “that the said Connor was not at any time the contractor for the erection of said houses; his position being merely that of a subcontractor for the plastering work only, and the materials for which this lien was filed being sold by plaintiff to said Connor on the individual credit of said Connor and not on the credit of the houses, and were not furnished towards the erection and construction of said houses in such manner as to entitle the plaintiff to a lien therefor ; that the defendant did not enter into any contract or agreement with the said plaintiff for the purchase or furnishing of said materials or in anywise pledge the credit of said houses therefor; nor did he authorize the said Connor or any other person to contract with said plaintiff for said materials on his behalf or on the credit of said houses.”</p>