Sullivan v. Hancock

Citations

• 2 Pa. Super. 525
• 1896 Pa. Super. LEXIS 79

Syllabus

<p>Mechanic's lien — Contract against lien — Buie of construction.</p> <p>A contract between owner and contractor must be interpreted according to the intention of the parties and, when the fair construction of the contract is that the intention was to protect the owner, not by the absolute prohibition of liens, but by providing for their payment by the contractor, and in default of his so doing by stoppage of his own right to lien, the right of the subcontractor to lien is not defeated.</p> <p>Mechanic's lien — Building contract — Effect of same as notice.</p> <p>The construction known only to themselves which an owner and contractor may have put upon a written building contract cannot be set up to defeat the lien of a material-man who has a right to presume that the writing fully expressed their intention.</p>