Este v. Pennsylvania Railroad

Citations

• 27 Pa. Super. 521
• 1905 Pa. Super. LEXIS 95

Syllabus

<p>Mechanic’s lien — Statutory requirements — Notice of subcontractor — Contract — Act of June 4, 1901, P. L. 431.</p> <p>While a mechanic’s lien is a purely statutory proceeding and compliance with the requirements of the statute is necessary in order to give it validity, this rule only applies to essential requirements. In determining what are such requirements it should be borne in mind that a substantial compliance with the statutory requisites is all that is called for. This rule applies to the notice required of subcontractors by the act of June 4, 1901, P. L. 431.</p> <p>The exhibits and affidavit attached to a subcontractor’s notice to the owner, are a part thereof, and the sufficiency of the notice is to be determined by an examination of the notice, and the exhibits and affidavits attached.</p> <p>Where it appears from the notice and the exhibits and affidavits attached that the materials for which the lien was filed were sold and delivered under numerous verbal orders received by the claimant, and it also appears that the notice as a whole showed full details of the deliveries, including dates, prices, amounts and kind and description of material furnished, together with receipts from the contractors, the notice cannot be charged as an insufficient compliance with the act, because it did not set forth the contract under which the subcontractor claimed.</p>