Woy v. McCann

Citations

• 47 Pa. Super. 458
• 1911 Pa. Super. LEXIS 180

Syllabus

<p>Mechanic’s lien — Waiver—Subcontractor—Conflicting testimony— Case for jury.</p> <p>1. On the trial of a scire facias sur mechanic’s lien filed by a subcontractor, where the only defense is that the material was sold and delivered on the personal credit of the contractor, and that the owner paid the contractor in full at the special request and direction of the plaintiffs, and the evidence on both of the defenses is conflicting, the case is for the jury, and a verdict and judgment for plaintiffs will be sustained.</p> <p>2. In such a case the trial judge commits no error or abuse of discretion in permitting one of the plaintiffs to contradict in rebuttal the owner’s contention that plaintiffs had waived their right to a lien.</p> <p>Evidence — Deeds—Fixing date — Limiting purpose of offer.</p> <p>3. A trial judge commits no error in admitting certain deeds in evidence for the limited purpose of fixing a date referred to by a witness, where it appears that prior to such admission the same deeds had been referred to by the witness, the properties conveyed thereby had been described, and the consideration stated, all without objection or exception.</p>