Murphy v. Ellis

Citations

• 153 Pa. 133
• 25 A. 1068
• 1893 Pa. LEXIS 1063

Syllabus

<p>Mechanics' liens — Contract—Covenant against liens.</p> <p>A building contract provided that the contractor should “ in a good and workmanlike manner, well and substantially erect, build, set up, finish and deliver to the said party of the first part, free and discharged of all claims, liens of mechanics and material men, and all charges whatsoever .... one brick dwelling house on the lot described.” It was further provided that the last payment should be made “ when the building is finished in every particular and accepted as such by the owner and her architect and when the said party of the second part satisfies the party of the first part by securing releases from all subcontractors, material men, etc., that there are no outstanding claims against the building.” Held, that there was no express covenant against liens in the contract, nor any such implied covenant as to deprive subcontractors of their rights to lien the building.</p>