Smith v. Levick

Citations

• 153 Pa. 522
• 26 A. 97
• 1893 Pa. LEXIS 1142

Syllabus

<p>Mechanic's lien — Subcontractor—Alteration of contract — Evidence.</p> <p>A subcontractor is not bound by an alteration in the principal contract made without notice to him during the progress of the work.</p> <p>A building contract was made in April, 1890 ; and was subsequently lost. A new contract was afterwards made, plaintiff, a subcontractor, claiming that it was made in August, defendant, the owner, claiming that it was made in May. Plaintiff began to deliver materials for the building in June. Held, that evidence as to the time when the second contract was made was material, and should have been admitted.</p> <p>Mechanic's lien — Waiver of right to file liens.</p> <p>A building contract provided that “ the owner will not in any manner be answerable or accountable for any loss or damage that shall or may happen to the said works, or any part or parts thereof respectively or for any of the materials or other things used and employed in finishing or completing the said works.” The contract also contained a covenant by the contractor to furnish “ a full, complete and perfect release of all liens which may lie against the building.” Held, that the contract contained no waiver of the right to file liens.</p>