Mechanics Liens in Pennsylvania Under the Act of June 4 1901 P L 431 And S
Mechanics Liens in Pennsylvania Under the Act of June 4 1901 P L 431 And S
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357; 8 Dela. Co. 304 ; 1 5 York Leg. Rec. 86.
Striking off Claim.
A lien regular on its face will not be stricken off because filed in vio- lation of a contract, filed of record under this section. To do so would deprive the claimant of his right to attack and contest the bona fides of the contract of waiver. King v. Reese, supra.
Bill to Restrain.
A court of equity has no jurisdiction to restrain by injunction a sub- contractor from filing a mechanics' lien in violation of a duly filed con- tr...act. There is an adequate remedy at law. Wolf v. Glassport Lumber Co. , 210 Pa. 370. In view of this case, the decision of Swartz, J. , in Mon- tello Brick Works v. Hoot, 14 D. R. 8; 19 Montg. Co. 188, can no longer be considered an authority.
Agreement against Liens.
A contract duly filed of record in the prothonotary's office containing a stipulation as follows: "The contractor covenants and agrees that he will not permit any person or persons to file any mechanics' liens for ma- terials furnished and labor performed to said building and premises nor will he file any liens himself, " will prevent any sub-contractor from filing a lien.
What to read after Mechanics Liens in Pennsylvania Under the Act of June 4 1901 P L 431 And S?
You can find similar books in the "Read Also" column, or choose other free books by Francis Chapman to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
357; 8 Dela. Co. 304 ; 1 5 York Leg. Rec. 86.
Striking off Claim.
A lien regular on its face will not be stricken off because filed in vio- lation of a contract, filed of record under this section. To do so would deprive the claimant of his right to attack and contest the bona fides of the contract of waiver. King v. Reese, supra.
Bill to Restrain.
A court of equity has no jurisdiction to restrain by injunction a sub- contractor from filing a mechanics' lien in violation of a duly filed con- tr...act. There is an adequate remedy at law. Wolf v. Glassport Lumber Co. , 210 Pa. 370. In view of this case, the decision of Swartz, J. , in Mon- tello Brick Works v. Hoot, 14 D. R. 8; 19 Montg. Co. 188, can no longer be considered an authority.
Agreement against Liens.
A contract duly filed of record in the prothonotary's office containing a stipulation as follows: "The contractor covenants and agrees that he will not permit any person or persons to file any mechanics' liens for ma- terials furnished and labor performed to said building and premises nor will he file any liens himself, " will prevent any sub-contractor from filing a lien.
What to read after Mechanics Liens in Pennsylvania Under the Act of June 4 1901 P L 431 And S?
You can find similar books in the "Read Also" column, or choose other free books by Francis Chapman to read onlineMoreLess
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