Pierce v. Marple

Citations

• 148 Pa. 69
• 23 A. 1008
• 1892 Pa. LEXIS 911

Syllabus

<p>[Marked to be reported.]</p> <p>Mechanics' lien — Agreement to accept payment in materials.</p> <p>A mechanic who furnishes work in the erection of a building is not to , be deprived of his right to file a lien for the same, because his contract provided that he should accept payment in kind.</p> <p>Under such circumstances the plaintiff would have no right to demand pay in money, without first showing that the defendant had refused to comply with the terms of the contract by furnishing the materials contracted for on demand.</p> <p>Special verdict — Practice.</p> <p>U such were the contract between the parties, such facts should be found specially by the jury and incorporated in the verdict.</p> <p>The court would then be able to control the execution, and if the defendants should refuse to pay in accordance with the terms of the contract, could permit an execution to issue for its equivalent in money.</p>