Lee v. Burke

Citations

• 66 Pa. 336
• 1871 Pa. LEXIS 38

Syllabus

<p>1. In a claim, under the Act of April 16th 1845 (Mechanics’ Lien), it is not necessary'to set out the nature or kind of work and the kind and amount of materials as under Act of June 16th 1836.</p> <p>2. When the mechanic contracts, not with owner but the contractor, the kind of work and materials must be set out.</p> <p>3. The contractor cannot bind the building for more than the materials and work at a fair market price.</p> <p>4. Where the plea in a scire facias on a Mechanics’ Lien was “no lien,” no question as to the sufficiency of the lien could arise on the trial of issues of fact.</p> <p>5. The plea “ no lien” is not a demurrer.</p> <p>6. Forms and rules of plea,ding should'be observed and enforced in proceedings on Mechanics’ Liens.</p> <p>7. Russell v. Bell, 8 Wright 47, Lybrandt v. Eberle, 12 Casey 347, Howell v. Philadelphia, 2 Wright 471, Lewis v. Morgan, 11 S. & R. 234, recognised.</p>