Hazelwood Dock Co. v. One House Boat

Citations

• 67 Pa. Super. 207
• 1917 Pa. Super. LEXIS 373

Syllabus

<p>Maritime liens — Liens—Boats—Contract—Acts of June 18,1886, P. L. 616; April -20,1858, P. L. 868, and-June 24,1895, P. L. 251.</p> <p>When oiie builds a boat, furnishing ajlthe labor and-materials and then sells the boat upon credit, the statutes, give him no lien for the unpaid balance of purchase-money; and when he contracts to build a boat to be delivered to another at a fixed price after its completion, he remaining the owner during the process of construction and until delivery, and then delivers the boat without taking security for the purchase-money, he cannot subsequently assert a lien upon the boat by virtue of any provision in the Acts of June 13, 1836, P. L. 616; April 20, 1858, P. L. 363, or June 24, 1895, P. L. 251.</p> <p>Where a corporation agrees in writing to deliver a house boat of certain style and dimensions, without stating whether it is to be a new or old boat, and without stating the time of delivery, partly for cash and partly for credit, and after the boat has been delivered and default made on the deferred payment, the company files a lien against the boat, and issues of fact are framed as to whether the boat delivered conformed to the contract, and whether it had been delivered in proper time, findings by a jury on these issues in favor of plaintiff, will not preclude the court from subsequently passing adversely to the plaintiff on the question of its right to file a lien for the unpaid purchase-money.</p>