Getty v. Pennsylvania Institution for the Instruction of the Blind

Citations

• 194 Pa. 571
• 45 A. 333
• 1900 Pa. LEXIS 443

Syllabus

<p>Equity — Pleading—Demurrer.</p> <p>A demurrer to a bill in equity admits the averments of the bill, but does not admit argumentative conclusions, or doubtful inferences from undisputed facts.</p> <p>Mechanic's lien — Stipulation against liens — Retained percentage — Contract — Architect—Equity.</p> <p>Where a building contract stipulates that no lien shall be filed by contractor or subcontractors, and that the retained percentage shall not be payable until all mechanics and material-men “ shall have in writing acknowledged that they have been fully paid by the contractors for their work and materials done and furnished,” and the contractors become insolvent and make an assignment before the retained percentage is paid, a bill in equity by the subcontractors as a class against the owner to enforce the payment of the retained percentage to them cannot be sustained, although the bill alleges that they had furnished work and material on the express assurance of the architect that the provision as to retained percentage was for their benefit; but not alleging authority in the architect to make such statement. In such a case, after written acknowledgments have been furnished to the owner, the fund should be. paid over to the assignee of the principal contractor for proper distribution.</p>