Fleck v. Collins

Citations

• 28 Pa. Super. 443
• 1905 Pa. Super. LEXIS 220

Syllabus

<p>Mechanic’s lien — Apportioned lien — Public street — Contract.</p> <p>On a scire facias sur mechanic’s lien, where the question at issue is the validity of an apportioned lien as determined by the existence or nonexistence of a public street, the rights of the parties are to be determined in so far as the street is concerned, as of the time when the contractor commenced the work and the material men, the plaintiffs, the delivery of the material. If before the work was begun or material furnished' a conveyance had been made according to a plan of lots showing the street in question, but it appears that the street was neither opened nor accepted by the authorities as a public street until after delivery had begun, it can in no way affect the validity of an apportioned lien filed by the material men.</p> <p>The mere dedication of a street to public use by the owner will not make it a public street unless it is opened to and accepted by the public. When such a street has been opened it may be accepted by the municipal authorities, or by a public user, without the active intervention of the municipal authorities.</p> <p>On a scire facias sur apportioned mechanic’s lien, where one of the parties contends that a portion of the houses were built under one contract, and another portion under a separate and distinct contract, and the other party contends that the second set of houses were built under a modification of the original contract, and the evidence on the subject is conflicting, the case is for the jury.</p>