Knelly v. Horwath

Citations

• 208 Pa. 487
• 57 A. 957
• 1904 Pa. LEXIS 790

Syllabus

<p>Mechanics lien — Contract—Specification—Plan—Statutory character of lien.</p> <p>A mechanic’s lien is purely statutory and a compliance with the statutory requirements is necessary in order to give it validity. There is no intendment in its favor. It must be self-sustaining and must show on its face that it is such a lien as the statute authorized the claimant to file.</p> <p>Where specifications are expressly made a part of a building contract or are referred to as a part of it, they must be filed with it. If only a part of the specifications apply to a work for which a lien is filed, that part only need be filed. Plans, however, need not be filed.</p> <p>A mechanic’s lien claimant did not file specifications with the contract, but to support a claim for extra work filed a bill for materials sold and work done and annexed it to the lien. There was no statement of the terms and conditions under which they were furnished, and but few items of the bill were the subject of mechanic’s lien. Held, that the lien could not be sustained.</p>