Diemer v. Philadelphia German Protestant Home

Citations

• 19 Pa. Super. 225
• 1902 Pa. Super. LEXIS 70

Syllabus

<p>Mechanics' lien — Qontract against liens — Bond—Fraud—Misrepresentations.</p> <p>A subcontractor furnished material to a contractor under a written agreement in which he Stipulated that he would not file a lien. Before he furnished the material he procured from the contractors a paper in which they certified that they had furnished a good and sufficient bond to guarantee the completion of the charitable institution which they had contracted to build, and that the bond was in the possession of the building committee of the charitable institution. The obligee in the bond was the charitable institution. The subcontractor did not examine the bond and made no inquiry as to whether the bond was available to him. He furnished the material and filed a lien. At the trial he alleged that he had been induced to waive his right of lien by representations of the principal contractor's that they had given a bond to pay all claims, that these representations were false, and that he had relied upon them and did not find out their falsity until the work was done. Held, that the plaintiff was not released from the covenant not to file a lien,</p>