Cutter v. Pierson

Citations

• 26 Pa. Super. 10
• 1904 Pa. Super. LEXIS 251

Syllabus

<p>Mechanic’s lien — Building contract — Stipulation against lien — Filing contract in prothonotary’s office — Wrong date — Evidence—Parol evidence — Notice. —Act of June 26, 1895, P. L. 369.</p> <p>Where a building contract containing a stipulation against liens bears the date of October 3, and is filed on October 19, parol evidence is admissible to show that in truth and in fact the contract was not executed until October 18. The fact that the contract bore a date more than ten days before the filing in the prothonotary’s office, is sufficient to put all persons on inquiry as to the true date of execution.</p> <p>Appeals — Assignments of error — Evidence—Instructions.</p> <p>Assignments of error to rulings on evidence to which no exceptions have been taken will not be considered.</p> <p>An assignment of error to the answer of the court to any inquiry made by the jury after the charge had been completed, and the jury had retired, will not be considered where it appears that the assignment was not based on an exception.</p>