Wiles v. People's Gas Co.

Citations

• 7 Pa. Super. 562
• 1898 Pa. Super. LEXIS 341

Syllabus

<p>Mechanics' liens — -Oil leases — Personal property of lessees liable — Other property exempt.</p> <p>The local Act of March 7, 1873, P. L. 219, confirming the right to file mechanics’ liens against certain leasehold interests and personal property thereon, applies to such leasehold estates and to personal property and fixtures thereon of the lessees. It does not, in terms or by necessary implication, extend to the property of strangers whether on or off the premises.</p> <p>Words and phrases — Option defined.</p> <p>An option is a right of choice, election or selection ; not a right to the thing, but a right to acquire it or an interest in it on certain conditions. Not until the owner of an option elects to accept and enforce its terms does it become binding upon him.</p> <p>Province of court and jury — Optional agreement — Fraud—Mechanic's lien law of 1873.</p> <p>A substantial present interest cannot be fraudulently converted into an option or disguised under the form of one; and while the legal effect of a written agreement is for the interpretation of the court, whether its terms are so favorable to an assignor in view of the exigencies of the business for which it provided, as to be in effect a fraudulent evasion of the mechanic’s lien law of March 7, 1873, P. L. 219, is a question of fact for the jury and it is error for the court to pass upon them as matter of law.</p>