Willson v. Canevin

Citations

• 226 Pa. 362
• 75 A. 666
• 1910 Pa. LEXIS 773

Syllabus

<p>Mechanic’s lien — Notice to owner by subcontractor — Contract—Acts of June 4, 1901, P. L. 431 and April 17, 1905, P. L. 172.</p> <p>1. When a subcontractor notifies the owner of his intention to file a mechanic’s lien, he must do so in substantial compliance with the Act of June 4,1901, P. L. 431, as amended by the act of April 17, 1905.</p> <p>2. Where a contract between a contractor and subcontractor is a written bid for a lump sum for an itemized list of articles without prices given for each item, a notice by the subcontractor to the owner is sufficient if the sworn statement accompanying it sets forth the written bid for the lump sum, and that such bid was accepted, and there is attached to the statement as a part thereof the itemized list of materials, but without any prices fixed for the various items.</p> <p>3. In such a case if the claim for a mechanic’s lien filed after such notice contains exactly the same matters set out in the sworn statement accompanying the notice, it will not be held defective because it does not set out the price of the particular materials furnished. The Act of April 17, 1905, P. L. 172, changed the provisions of the Act of June 4, 1901, P. L. 431, requiring a detailed statement of the prices to be attached to the claim.</p>