Ott v. DuPlan Silk Corp.

Citations

• 271 Pa. 322
• 114 A. 630
• 1921 Pa. LEXIS 505

Syllabus

<p>Medhanic’s lien — Notice of intention to file — Items—Attaching contract to notice — Nature of work — Acts of June k, 1901, and March 21, 1909 — Striking off lien.</p> <p>1. While a mechanic’s lien is purely a creature of gtatute, and compliance with the act permitting it to be filed is necessary, this rule applies only to essential requirements; and the same exactness is not insisted upon in the notice of intention to file as in the lien itself.</p> <p>2. Notice under the Acts of March 24, 1909, P. L. 65, amending the Act of June 4, 1901, P. L. 434, must be sufficiently definite to fairly apprise the owner of the service which has been rendered and the charge made therefor; the only requirement is that “the nature of the work” be set forth.</p> <p>8. A notice of intention to file a mechanic’s lien for excavation work, is not fatally defective because it fails to set forth in each item the kind of excavation, if the items are stated under the heading “excavation,” and each item gives the number of cubic yards excavated, the price charged per unit, and the total sum due.</p> <p>4. The fact that no copy of the contract was attached to the notice of intention, will not render the notice invalid, if the statutory requirements appear substantially therein.</p> <p>5. A notice of intention cannot be attacked because the statement as to the time when the last work was done was not properly set forth, where it is expressly declared in the notice that the contract was fully performed on a date stated, within the statutory requirement.</p> <p>6. The court commits no error in refusing to strike off a mechanic’s entire lien preliminarily, where some items appearing therein are valid.</p> <p>Mechanic’s lien — Parties—Swearing jury as to both owner and contractor.</p> <p>'I. It is not reversible error (on appeal by the owner) for the court to swear the jury as to both owner and contractor named as defendants, in a proceeding to enforce a mechanic’s lien, although the contractor