Garrison v. Van Luven

Citations

• 57 Pa. Super. 418
• 1914 Pa. Super. LEXIS 214

Syllabus

<p>Mechanic’s lien — Evidence—Booh accounts.</p> <p>1. On a scire facias sur mechanic’s lien it appeared that the defendant denied in his affidavit of defense that the work had been done and materials furnished on the credit of the building. Plaintiff offered his 'books of original entry for the purpose of showing that the charges had been made against the particular building which was the subject of the lien. The only obj ection to their admission was as to the heading of the account, which indicated the building. Held, that there was no error in admitting the books.</p> <p>2. Where a mechanic’s lien is filed on an oral contract for the electrical equipment of a building for a gross sum, and the claim shows that labor and material were furnished to an amount of only about eighty per cent of the contract price, but the defendant does not move to strike off the claim, but proceeds to trial, and it appears that the difference between the contract price and the amount claimed was due to a change of the owner’s plans, and that certain material amounting in value to the difference had not been furnished, the plaintiff is entitled to produce evidence to establish the relative proportions and value of the work done and the work omitted in order to establish his right to recover the contract price less the value of the work omitted.</p> <p>Appeals — Assignments of error — Refusal to strike out evidence — Exceptions'.</p> <p>3. An assignment of error to the refusal of the court to strike out evidence will not be considered where no exception was taken to the ruling at the trial.</p>