DEETS v. FREED et al.


165 Pa.Super. 495 (1949)

Deets, Appellant, v. Freed et al.

Superior Court of Pennsylvania.

November 15, 1949.


Attorney(s) appearing for the Case

Samuel Lichtenfeld, for appellant.

Samuel J. Halpren, for appellees.

Before RHODES, P.J., DITHRICH, ROSS, ARNOLD and FINE, JJ. (HIRT and RENO, JJ., absent).


OPINION BY ROSS, J., November 15, 1949:

This is an appeal by a sub-contractor (plaintiff) from a judgment in favor of the owner (defendant) on a scire facias sur mechanic's lien.

The facts being undisputed, the parties submitted the case to the court below on the question whether the sub-contractor was barred as a matter of law from filing an enforcible claim because of a no-lien contract between the owner and the principal contractor. The court decided the...

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