Sumption v. Rogers

Citations

• 53 Pa. Super. 109

Syllabus

<p>Mechanic’s lien — Apportionment of claim — Building separated by public street — Constitutional law — Extra work — Act of June 4, 1901, P. L. IfSl — Amendment.</p> <p>1. Any provision of the mechanic’s lien Act of June 4, 1901, P. L. 431, which is clearly divergent from and is an advance upon the law as it stood prior to the constitution of 1874, is to be regarded as invalid as offending against sec. 7, art. Ill, of the constitution which provides that the general assembly shall not pass any local or special law “providing or changing methods for the collection of debts or the enforcing of judgments.”</p> <p>2. If sec. 12 of the Act of June 4, 1901, P. L. 431, which provides that “no apportioned claim shall hereafter be allowed, but separate claims with the amount due determined by apportionment, may be filed as herein set forth,” be construed to cover cases where buildings are separated by a public street, it violates art. Ill, sec. 7, of the constitution. The section so construed would be clearly divergent from and an advance upon the law as it stood in 1874.</p> <p>3. Where a mechanic’s lien is based exclusively on an apportionment among buildings in different blocks and separated by public streets, the claim is invalid, and cannot after the expiration of the statutory period for filing, be amended by attaching to the claim a bill of particulars showing the kinds and quantity of materials delivered to and actually used in the building, the time when the work was done, and the amount of labor furnished therefor.</p> <p>4. A claim in a mechanic’s lien for extra work in plastering two rooms for a lump sum stated, will be sustained where it appears that the claim is filed by the contractor, and not a subcontractor, and avers that the work was done at the request of the owner, that the price was reasonable, and was agreed to by the owner.</p>