MULLOOLY et al. v. SHORT, et al.


365 Pa. 141 (1950)

Mullooly et al. v. Short, Appellant, et al.

Supreme Court of Pennsylvania.

June 26, 1950.


Attorney(s) appearing for the Case

Louis Vaira, with him A.W. Forsyth and Ray A. Liddle, for appellant.

William H. Eckert, with him Armin H. Friedman, Milton W. Lamproplos and Smith, Buchanan & Ingersoll, for appellees.

Before DREW, C.J., STERN, STEARNE, JONES and BELL, JJ.


OPINION BY MR. CHIEF JUSTICE DREW, June 26, 1950:

This appeal is from an order of the Court of Common Pleas of Allegheny County discharging defendant's rule for judgment on the whole record in an action arising from the filing of a mechanic's lien by plaintiffs.

Katherine Short, one of defendants, engaged Nicholas LeDonne, the other defendant, a contractor, to erect a building on land which she owned. LeDonne in turn entered into an oral contract with plaintiffs...

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