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· 2/26/1909

Glauser v. Scofield

Citations

  • 38 Pa. Super. 632
  • 1909 Pa. Super. LEXIS 199

Syllabus

<p>Mechanic’s lien — Leasehold estate — Notice—Act of June 4, 1901, P. L. 431, sec. 10.</p> <p>Where a contractor who has furnished labor and materials for a building, has no knowledge that the apparent and record owner had executed a long lease of the land to a corporation before the labor and materials weréíurnished, and serves upon the apparent owner the notice provided by‘the Act of June 4, 1901, P. L. 431, before the expiration of the time to file a lien against the leasehold estate had expired, and the apparent owner takes no action in reference to the notice, and gives the plaintiff no information and makes no attempt at repudiation by notice or posting, as provided in the fourth section of the act of 1901, supra, the plaintiff may presume that the owner ratified the contract, and a lien filed three days after the right to file a lien against the leasehold estate had expired, will be valid.</p>

Judges: Beaver, Head, Henderson, Morrison, Orlady, Porter, Rice

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