Westmoreland Guarantee Building & Loan Ass'n v. Connor

Citations

• 216 Pa. 543
• 65 A. 1089
• 1907 Pa. LEXIS 860

Syllabus

<p>Mechanics’ liens — Stipulation against liens — Contract-—Covenants—Mortgage.</p> <p>One of several tenants in common may contract with, the others for the improvement of the joint property and his part ownership will not prevent his waiver in good faith of the right of lien both to himself and to his subcontractors. It is only where the contract is made in bad faith for the purpose of misleading and defrauding subcontractors and material men that the stipulation against filing liens will be held invalid.</p> <p>Mechanic’s lien — Contract—Failure to set forth contract in claim.</p> <p>A mechanic’s lien is purely statutory and a compliance with the statutory requirements is necessary in order to give it validity. When the act of assembly directs specifically that a particular thing shall be done in order to establish a claim, substantial conformity will not answer; there must be a compliance with the requirement.</p> <p>Where a verbal contract to do the plastering in a building' operation is superseded by a written contract, and the work is actually done under the written contract, the written agreement must be set forth in the claim filed for a mechanic’s lien, in order to render the lien valid.</p>