Thomas v. O'Donnell

Citations

• 183 Pa. 145
• 41 W.N.C. 210
• 38 A. 597
• 1897 Pa. LEXIS 727

Syllabus

<p>Mechanic's lien — Building contract — Affidavit of defense — Practice, G. P.</p> <p>In an action to recover a balance alleged to be due on a building contract, an affidavit of defense is insufficient which specifies certain departures from the specifications and defects in the work, but fails to state the amount of the resultant damage.</p> <p>Where a building contract provides that the building shall be delivered “free and discharged from all claims, liens and charges whatsoever” an affidavit of defense in a suit against the owner is sufficient which avers that claims hád been filed against the building for services rendered, and materials used in the construction of it, and that these claims had not been satisfied.</p>