Evans v. Grogan

Citations

• 153 Pa. 121
• 25 A. 804
• 1893 Pa. LEXIS 1061

Syllabus

<p>Mechanics’ liens — Contract—Right to file liens.</p> <p>An express promise of a contractor to release and discharge the property from the operation of all liens, either for materials furnished or work done in the construction of the same, is not a sufficient stipulation to preclude the filing of liens.</p> <p>A building contract provided that when the last payment was made, the contractor should furnish a clear release of liens. It was also provided that, if at any time there should be any lien or claim for which if established the owner might be made liable, the owner should have the right to retain out of any payment an amount sufficient to completely indemnify him against such lien or claim until the same be satisfied, discharged or canceled; and it was further provided that “the contractor shall refund to the owner all monies that the latter may be compelled to pay in discharging any lieu on the premises.” Held, that there was nothing in the contract to prohibit the filing of liens.</p>