Deeds v. Imperial Brick Co.

Citations

• 219 Pa. 579
• 69 A. 78
• 1908 Pa. LEXIS 625

Syllabus

<p>Mechanic’s lien — Contract—Superintendence of building — Breach of contract.</p> <p>A lien for work and materials on a building is a privilege derived entirely from statutory provision, and cannot be maintained for anything not actually furnished.</p> <p>On a scire facias sur mechanic’s lien where it appears that the plaintiffs were to receive ten per cent for superintendence based on the entire cost of the plant, and it also appears that they were dismissed before the building was completed, it is reversible error for the court to charge that if the jury found that the defendant had discharged plaintiffs from the work without justifying cause before its completion, they should render a verdict in plaintiffs’ favor for the full amount, the latter would be entitled to had they performed in full their contract, that is to say, for ten per cent of the entire cost of the completed building.</p>