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BLOSE v. MARTENS

173 Pa.Super. 122 (1953)

Blose, Appellant, v. Martens.

Superior Court of Pennsylvania.

March 17, 1953.

Attorney(s) appearing for the Case

Louis Vaira, with him Emil R. Pecori, for appellant.

William H. Markus, with him Robert C. Riethmuller, for appellees.

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

OPINION BY GUNTHER, J., March 17, 1953:

Appellant filed a mechanic's lien against appellees and a scire facias issued thereon. Appellees' answer, under new matter, alleged a release of liens. Appellant's reply admitted the release but alleged that he signed the release because appellees represented that they would pay him from a mortgage they were to procure; that they obtained the mortgage but failed to pay him...

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