Snyder v. Zane

Citations

• 15 Pa. Super. 403
• 1900 Pa. Super. LEXIS 366

Syllabus

<p>Mechanic's lien — Agreement between intending purchaser and contractor —Subcontractor's right of lien.</p> <p>A contract was made between an intending purchaser and a contractor for the construction of certain houses which contained a provision against liens. The contractor accepted a bid of one Sauer to do carpentry work. The original contract was not filed within ten days in the prothonotary’s office. The title having been perfected, the date of the contract was changed and the interlineation noted and the contract duly filed under the act of 1895, without notice to Sauer, the subcontractor. Held, in distribution of the fund arising from a sale under a purchase money mortgage, that Sauer had no standing as a lien creditor because under the first contract the contractor himself, irrespective of the clause against liens and failure to file within ten days, had no right of lien because at the time of the first execution title was not vested in the intending purchaser.</p>