N. Green & Co. v. Thompson

Citations

• 172 Pa. 609
• 33 A. 702
• 1896 Pa. LEXIS 827

Syllabus

<p>Mechanics' lions — Building contract — Evidence—Stipulations against Kens.</p> <p>Where a contractor builds two blocks of houses under two separate contracts, the first of which contains a stipulation against liens, and the second does not, and a mechanic’s lien is filed by a material man against the houses built under the second contract, the court will not construe the stipulation against liens in the first contract where there is no evidence whatever to show that the provisions of the first contract against liens were extended to, and governed the second contract.</p> <p>Mechanics' liens — Material—Presumption—Evidence.</p> <p>. Where the plaintiff in a mechanic’s lien case has complied with all the provisions of the statute relating to the lien which he claims, it is presumed that the materials were furnished, or the work was done on the credit of the building, and the burden is upon the defendants to show that this was not the ease.</p> <p>Evidence that the material was not used in the buildings, and that it was charged to the contractor, is properly admissible to overcome the presumption that the material was furnished on the credit of the building.</p> <p>Practice, 8. C. — Assignment of error — Exception—Evidence.</p> <p>An assignment of error to the admission of papers will not be considered where the record shows that there was no exception taken, bill sealed, or objection made to the admission of the evidence at the trial.</p>