Jacob A. Bohem & Bros. v. Seel

Citations

• 185 Pa. 382
• 39 A. 1009
• 1898 Pa. LEXIS 727

Syllabus

<p>Mechanic's lien - Subcontractor - Lump sum - Amendments-Act of June 11, 1879.</p> <p>Where a person who is really an owner of a building, although holding himself out as a contractor, makes a contract for a lump sum with a material man, the latter may file a lien for the lump sum specified in the contract.</p> <p>Where a material man files a mechanic’s lien against a building for a lump sum, naming one person as owner, and another as contractor, and subsequently ascertains that the person named as contractor was really the owner of the building, and had transferred the title to the reputed owner in order to defraud his creditors, the court may, under the Act of June 11, 1879, P. L. 122, even after the expiration of six months front the filing of the lien, permit the record to be amended so that the person named as contractor shall appear as owner; but such amendment will not atfeot any intervening rights of terre-tenants or other persons. Ballman v. Heron, 160 Pa. 877 and 169 Pa. 510, followed.</p>