Wolf Co. v. Pennsylvania Railroad

Citations

• 29 Pa. Super. 439
• 1905 Pa. Super. LEXIS 352

Syllabus

<p>Mechanic’s lien — Statutory requirements — Necessity of compliance with.</p> <p>A mechanic’s lien is purely statutory and compliance with the statutory requirements is necessary in order to give it validity. There is no intendment in its favor. It must be self-sustaining and must show on its face that it is such a lien as the statute authorized the claimant to file.</p> <p>Mechanic’s lien — Act of June 4, 1901, P. L. 431 — Subcontractors—Notice to owner — Sworn statement — Date of last work.</p> <p>The provision of the Act of June 4, 1901, P. L. 431, that the owner shall not only have notice of a subcontractor’s intention to file a mechanic’s lien, but also that a sworn statement shall be served upon the owner setting forth “the date when the last work was done or materials furnished,” is an essential requirement, and failure to comply with it is fatal to the validity of the claim.</p> <p>A notice and sworn statement served by a subcontractor upon the owner set forth that “the last materials therefor were delivered on or about July 30, 1903.” The notice and sworn statement were served on October 21, 1903, and there was no attempt to explain why the date of the last item delivered was left indefinite. Held, that the mechanic’s lien was properly stricken off.</p>