Taylor v. Murphy

Citations

• 148 Pa. 337
• 23 A. 1134

Syllabus

<p>[Marked to be reported.]</p> <p>Mechanics’ lien — Bights of contractor and subcontractor.</p> <p>All persons furnishing labor or materials for the erection of a building are bound to take notice of the title of the apparent owner. If he is an intruder without right, the lien of contractor and subcontractor must alike fall. If he holds an equitable title only, the lien will bind such title as he has and no more: Weaver v. Sheeler, 118 Pa. 634.</p> <p>Where the principal contractor has stipulated that no lien shall be filed, the stipulation is binding upon a subcontractor, since the contract is the source from which the rights of the subcontractor, through the principal contractor, arc derived, and a stream cannot rise higher than its source: Scliroeder v. Galland, 134 Pa. 277.</p> <p>Stipulation against filing all liens — Constitutional law — Statute impairing obligation of contract.</p> <p>The agreement of a contractor to provide labor and materials for the erection of a building, and look for his security solely to the responsibility of the owner, leaving the building unincumbered by liens, is a valid and binding one. It violates no rule of public policy.</p> <p>A statute that should disregard its obligation, and authorize the entry of a lien for work or materials in violation of its terms, would seem to be within the prohibition of the constitution, article 1, section 17, which declares that no law impairing the obligation of contracts shall bo passed. It might also be within the limitation of the powers of the several states found in article 1, section 10, of the constitution of the United States.</p> <p>Mechanics’ liens — Contract to “release and discharge’’ liens.</p> <p>A stipulation that the contractor will “ release and discharge the said houses from the operation of all liens, either for materials furnished or work done in the construction of the same,” is not a waiver of the right to enter a lien, or a covenant that none shall be entered. It is a person