Herr v. Moss Cigar Co.

Citations

• 237 Pa. 232
• 85 A. 151
• 1912 Pa. LEXIS 924

Syllabus

<p>Mechanics’ liens — Waiver of right of liens — Sub-contractor— Constructive notice — Acts of June 4, 1901, P. L. 481, and April 24, 1908, P. L. 297.</p> <p>1. In a proceeding sur mechanics’ lien, the jury found by special verdict that a short time prior to May 23, 1907, the plaintiff, a materialman, furnished to a prospective contractor estimates for lumber to be used in the erection of a certain building; that on May 23rd the contractor submitted to the owner a proposition for the erection which was marked “accepted,” and which contained a proposition for the execution of a further formal contract; that on the same day the contractor verbally instructed the plaintiff to furnish the lumber as required, in accordance with his estimate; that on May 31, 1907, work was begun on the foundations by the owner on its own account; and that on June 1, 1907, a formal contract was executed between the contractor and the owner, and on the same day a stipulation against mechanics’ liens was executed and delivered to the owner, which was put on record on Monday, June 3, 1907. Held, that the stipulation was filed within the ten days allowed by the Act of June 4, 1901, P. L. 431, and was binding as against the lien claimant.</p> <p>Mechanics’ lien — Waiver of liens — Filing of waiver — Computation of time — Exclusion of Sunday — Act of June 20, 1888, P. L. 186.</p> <p>2. The Act of June 20, 1883, P. L. 136, excluding Sunday from computation, when it is the last day of a period within which a legal act is to be done, applies to the Mechanics’ Lien Act of June 4, 1901, providing that a building contract containing waiver of liens must be filed in the prothonotary’s office within ten days of its execution.</p> <p>Mechanics’ liens — Materialmen—Notice of intention to file lien —Contract—Acts of June 4,1901, P. L. 481, and April 24, 1908, P. L. 297.</p> <p>3. Notice by a materialman of an intention to file a mechanic’s lien is insufficient if it fails to set forth the contract under wh