National Supply & Construction Co. v. Fitch

Citations

• 55 Pa. Super. 212
• 1913 Pa. Super. LEXIS 345

Syllabus

<p>Mechanic’s lien — Husband and wife — Contract by husband — Ratification by wife — Act of June J; 1901, sec. 4, P• L. 1$1 — Subcontractor—■ Notice.</p> <p>1. Where a wife permits her husband to enter into a contract in his own name for a building to be erected on her land, and she is about the premises at the time the building is being constructed, and knows that material is being furnished by a particular subcontractor, and it also appears that the subcontractor in question had no actual notice of the wife’s ownership of the premises, he may file a lien against the wife in her own name for the material furnished. Such a case is within the provisions of sec. 4 of the Act of June 4,1901, P. L. 431.</p> <p>2. Where the notice by a subcontractor of an intention tó file a lien is in substantial compliance with the requirements of the act, the notice will not be deemed insufficient because the plans and specifications are not attached to the notice, if it appears that they were in possession of the owner.</p>