Spring Brook Lumber Co. v. Watkins

Citations

• 26 Pa. Super. 199
• 1904 Pa. Super. LEXIS 292

Syllabus

<p>Mechanics’ liens — Contract—Covenant against liens — Waiver of covenant.</p> <p>A building contract containing a covenant against liens was filed in the office of the prothonotary. After this was done the contractors ordered of the plaintiff certain material, and one load was delivered, when the plaintiff discovered that the contract containing- the covenant against liens had been filed, and thereupon refused to furnish further material. The plaintiff also notified the owner that the material would not be furnished to the contractors. Plaintiff offered testimony which tended to show that the defendant entered into an agreement with the plaintiff that the latter should furnish the material as ordered by the contractors, and charge it to the defendant “on the credit of the building.” The plaintiff furnished the material, which was used in the building. It was charged to the defendant, and a lien was filed for the balance unpaid. Held, that the testimony offered by plaintiff, if true, established a new independent contract in the nature of an original undertaking, and that it was for the jury to determine upon the conflicting evidence whether such a new contract had been made.</p> <p>The power of an owner to make contracts is not exhausted when he has with one party entered into an agreement which contains a covenant against liens; he. may make new contracts with other parties and if he does, so he may be called upon to perform.</p>