Cribbs v. McDowell

Citations

• 48 Pa. Super. 39
• 1911 Pa. Super. LEXIS 333

Syllabus

<p>Mechanics’ liens — Building contract — Provision against filing liens— Description of property.</p> <p>1. A building contract containing a stipulation against liens filed in the prothonotary’s office must contain such a description of the property as may be necessary for the purpose of identification. Whether in a particular instance the description meets the requirements of the statute, is ordinarily a question for the jury.</p> <p>'2. A building contract containing a stipulation against liens described the property as being in a particular ward of a city on the west side of Clearview street. It gave the name of an adjoining owner, and a reference to the page of the city atlas where a plot of it could be seen. It also gave notice of the size of the lot, the form and character of the buildings to be erected, and the name of the architect who designed them. It appeared that Clearview had been the name of the street, but that the name had been changed to Chislett street. The street was, however, at the date of the contract popularly known as Clearview, and it did not appear that there was any other street named Clearview in the ward. Held, in an action on a scire facias sur mechanic’s lien, filed by a subcontractor, that the question of the sufficiency of the description was for the jury.</p>