Patterson v. Frazier Bros.

Citations

• 123 Pa. 414
• 16 A. 477
• 1889 Pa. LEXIS 664

Syllabus

<p>1. When, on the trial of a scire facias sur mechanics’ lien filed for work and materials furnished for the “ erection and construction ” of a building, the facts are ascertained or undisputed, it is for the court to determine what does or does not constitute a new structure.</p> <p>2. In such ease, if the alterations, though extensive, are almost wholly upon the interior of the building, the exterior remaining substantially the same, it is the duty of the trial judge to instruct that there has been no such change of the structure as to amount to a new erection within the act of June 16, 1836, P. L. 696.</p> <p>3. It seems, that when a lien is filed for work, etc., for the “ erection and construction ” of a building in Allegheny county, and the evidence is undisputed that the work, etc., were for alterations of such building and not within the act of 1836, it is not valid under the act of May 1, 1861, P. L. 550, extended to Allegheny county by the act of February 16, 1865, P. L. 150.</p>