Treatise On the Lien of Mechanics Material Men in Pennsylvania
Treatise On the Lien of Mechanics Material Men in Pennsylvania
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* Simpson v. Murray, 2 B. 76.
THE EVIDENCE. 283 We have seen, that a special contract, for the doing of the work or furnishing the materials, need not be mentioned in the claim. It must, of course, however, be proved on the trial, and its performance established.
It has been made a question, how far the owner is bound by a contract made by his contractor. It is evidence against him in favour of the mechanic, but is it conclusive?
In a case in the District Court for the city and county of Phihad...elphia it was held that it was not, but that the owner might show, that the contract price was too high, or beyond the fair market value, at the time ; that the contractor had been careless of his interests, or had made an improvident and unjust bargain, and this, where no fraud was alleged.^ And this seems to be confirmed by the Supreme Court, in a later case.^ The next step in the testimony is to verify the de- scription of the house, its locality, &c. How far the proof may supply defects or omissions, in the claim, we have already shown.^ The work must have been done, "for or about the erection or construction, " in other words, on the credit of the building.
What to read after Treatise On the Lien of Mechanics Material Men in Pennsylvania?
You can find similar books in the "Read Also" column, or choose other free books by Henry J Henry Jonathan Sergeant to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
* Simpson v. Murray, 2 B. 76.
THE EVIDENCE. 283 We have seen, that a special contract, for the doing of the work or furnishing the materials, need not be mentioned in the claim. It must, of course, however, be proved on the trial, and its performance established.
It has been made a question, how far the owner is bound by a contract made by his contractor. It is evidence against him in favour of the mechanic, but is it conclusive?
In a case in the District Court for the city and county of Phihad...elphia it was held that it was not, but that the owner might show, that the contract price was too high, or beyond the fair market value, at the time ; that the contractor had been careless of his interests, or had made an improvident and unjust bargain, and this, where no fraud was alleged.^ And this seems to be confirmed by the Supreme Court, in a later case.^ The next step in the testimony is to verify the de- scription of the house, its locality, &c. How far the proof may supply defects or omissions, in the claim, we have already shown.^ The work must have been done, "for or about the erection or construction, " in other words, on the credit of the building.
What to read after Treatise On the Lien of Mechanics Material Men in Pennsylvania?
You can find similar books in the "Read Also" column, or choose other free books by Henry J Henry Jonathan Sergeant to read onlineMoreLess
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