Pagnacco v. Faber

Citations

• 221 Pa. 326
• 70 A. 754
• 1908 Pa. LEXIS 485

Syllabus

<p>Mechanics’ liens — Waiver of right to file lien — Change of ownership— Change of contract.</p> <p>Where a contractor under a written contract waives his right to file a mechanic’s lien, but subsequently after a change of ownership of the building makes with the new owner an oral contract to finish the building, without any waiver of the right to file liens, the contractor as against the new owner, has the right to enforce a lien, although a trust company which was not a party to the proceedings had insured the completion of the building, relying upon the waiver in the original contract. In such a case the court has no jurisdiction to enforce the equity of the trust company unless the company itself intervenes as a party in the proceedings under the mechanic’s lien.</p>