Curti v. Hartrick

Citations

• 61 Pa. Super. 447
• 1915 Pa. Super. LEXIS 351

Syllabus

<p>Mechanic’s lien — Dwelling house — Reference to other buildings —Extent of curtilage — Act of June k, 1901, P. L. kSI.</p> <p>A mechanic’s lien filed by a subcontractor for materials and labor furnished in the construction of a residence, is not fatally defective because the description in the claim states that the lot on which the house was erected contained about seven acres, and that a tenant house and barn were erected about the same time on the same lot. If the curtilage described contains more land than “should be justly included therein,” Section 23 of the Act of June 4, 1901, P. L. 431, furnishes an ample remedy to have the curtilage restricted to what may be reasonably necessary.</p> <p>Mechanic’s lien — Subcontractor—Labor and material — Prices— Lumping prices.</p> <p>A mechanic’s lien claim filed by a subcontractor for material and labor furnished under a contract with the contractor is sufficient, if it sets forth, the number of perch of stone furnished at a price per perch stated, and the number of window sills and chimney caps with the price per sill and cap stated; but an item of fifty dollars for “material and labor building concrete footing course,” and an item of “four hours’ extra labor at twenty-five cents per hour,” are insufficient, and should be excluded.</p> <p>Mechanic’s lien — Notice to owner by subcontractor — Reference to other buildings — Time.</p> <p>A notice by a subcontractor of an intention to file a lien against a dwelling house is not defective and void because it also states,an intention to file liens against a barn and a tenant house which were being built at the same time on the same lot and for which the claimant furnished material and labor.</p> <p>Where the material averments of a mechanic’s lien and the proof of service of the notice of intention to file, are not directly and specifically traversed and denied, they will be taken as admitted.</p> <p>Where a mechanic’s lien sets forth the period within which the work was do