Mesta Machine Co. v. Dunbar Furnace Co.

Citations

• 250 Pa. 472
• 95 A. 585
• 1915 Pa. LEXIS 973

Syllabus

<p>Mechanics’ liens — Constitutional law — Act of June It, 1901, P. L. 1(81, Section % — Extension of time for issuing sci. fa. on lien— Mew and old structures — Judgment for want of affidavit of defense.</p> <p>1. A court will not heed objections to the constitutionality of an act unless the complainant is affected by the particular feature alleged to be in conflict with the Constitution.</p> <p>2. An owner has the right to have a claim, defective on its face, stricken off on motion and when a rule to strike off such claim is taken by an owner, depositions cannot be used by either side to show that the claim, though insufficient on its face, is in point of fact, valid or invalid.</p> <p>3. Plaintiff filed a mechanic’s lien “for the unpaid price or value of materials furnished and for work and labor done in and about the fitting up and equipment with engines, machinery, etc., of a certain building.” The defendant subsequently entered into a written contract with the plaintiff stipulating that the time for issuing a sci. fa. “should be extended for the period of three years” from the date of the claim “as allowed by law.” Shortly before the expiration of the three-year period defendant moved to strike off the claim and quash the sci. fa., and also to strike from the lien the charges for certain service and expense in connection with the installation of the machinery. Held, the lower court did not err in discharging the rules and entering judgment for plaintiff for want of an affidavit of defense.</p> <p>4. In such case the court properly found that the building in which the machinery was installed and in connection with which the services for installing were incurred was a new structure, where the plaintiff’s answer to the rule to strike off the claim, to which no replication or denial of any kind was entered, averred “that the......engine......was not installed in an old building as is alleged in said petition but on the contrary such engine was furnished and instal