Linden Steel Co. v. Imperial Ref. Co.

Citations

• 138 Pa. 10
• 20 A. 867
• 1890 Pa. LEXIS 1232

Syllabus

<p>[To be reported.]</p> <p>1. If a mechanics’ claim for lien filed under the act of June 16, 1836, P. L. 695, and its supplements, contains a description of the locality, and of the peculiarities of the building, adequate to point' out and identify it with reasonable certainty, it is a sufficient compliance with the requirements of the act: Kennedy v. House, 41 Pa. 39.</p> <p>2. An oil refinery, although peculiar,in its construction, is the proper subject of a mechanics’ lien under the act of 1836; and, as the ordinary forms or methods of description are inapplicable, it is sufficient if there be such reasonable certainty of description as will clearly identify the subject of the lien claimed, to creditors, purchasers and others.</p> <p>(«) A mechanics’ claim, filed against an oil refinery, described with particularity the land on which the refinery was erected, but in general terms the buildings and structures composing the same, and for a more particular description thereof referred to an accompanying map, which showed the sizes and locations of all the buildings and the connections between them:</p> <p>3. The claim contained a description sufficient to comply with the statute, although the principal structure's only were designated by name upon the map, the diagrams of the others being numbered, but no names corresponding to the numbers being given: Short v. Miller, 120 Pa. 470, and Titusville I. Works v. Oil Co., 130 Pa. 211, followed; Short v. Ames, 121 Pa. 530, distinguished.</p> <p>4. A motion by the plaintiff to amend, more than six months after the filing of the lien, during the pendency of a scire facias thereon and after a motion by the defendant to strike it off, by filing a paper explaining with particularity what each of the diagrams on the map represented, should have been allowed, the effect of the amendment being merely to make the claim more precise, specific and particular.</p> <p>5. A claim for lien for materials furnished on March 17, 22, and 2