Waters v. Wolf

Citations

• 162 Pa. 153
• 29 A. 646
• 1894 Pa. LEXIS 959

Syllabus

<p>Mechanics' liens — Contract—Covenant not to file liens.</p> <p>A subcontractor cannot file a mechanic’s lien where the written contract of the pi'incipal contractor with the owner contains the following stipulation: “The contractor agrees that no liens shall be filed against said works, or on account of the said contractor, neither shall there be any legal or lawful claims against the contractor in any manner from any source whatever, for work or materials furnished on said works.”</p> <p>Mechanics' liens — Contracts—Bights of property — Public policy — Constitutional law — Act of June 8, 1891.</p> <p>The first section of the act of June 8, 1891, P. L. 225, which requires the written consent of the subcontractor in order to bind him by a stipulation in the contract between the original contractor and owner, that no mechanics’ liens shall be filed, is unconstitutional in that it attempts to create a debt and give a lien therefor, against the express covenant in the contract; and the second section of the act, providing that the contractor shall be the agent of the owner in ordering work or materials, and that any subcontractor doing work or furnishing materials shall be entitled to a lien, notwithstanding any stipulations to the contrary in the contract between the owner and the contractor, unless such stipulation shall be consented to by said subcontractor, is unconstitutional in that it attempts to frame a new contract and substitute it for the one made by the parties.</p> <p>The indefeasible right to acquire and possess property, secured by article 1, section 1 of the constitution of Pennsylvania, necessarily includes the right to make reasonable contracts for the improvement of property; and a contract that no mechanics’ liens shall be filed is not unreasonable as to either contractor or subcontractor.</p> <p>Such interference with the indefeasible rights of freedom of contract in the acquisition and protection of property as is attempted by the 2d section of