Northern Electrical Manufacturing Co. v. Columbia Brewing Co.

Citations

• 47 Pa. Super. 96
• 1911 Pa. Super. LEXIS 118

Syllabus

<p>Mechanic’s lien — Notice of intention to file — Ascertainment of time— Acts of June 4,1901, P. L. 481, and April 17,1905, P. L. 172.</p> <p>1. The question whether the notice required to be given by a contractor to the owner of an intention to file a mechanic’s lien, has been served within the statutory period, is to be determined by the facts averred in the claim as filed, and not from matters outside of the record.</p> <p>2. The court of common pleas will not be justified in striking out and disregarding as defective the last two items of a mechanic’s claim so as to leave all the earlier items subject to the objection that the notice of the intention to file a lien, was not served in time, where it appears that the alleged defective items are fully explained by the contract attached to the claim as filed and by the averments in the body of the claim.</p>