STRINGERT & BOWERS v. ON-LINE, et al.


236 Pa.Super. 196 (1975)

Stringert & Bowers, Inc., Appellant, v. On-Line Systems, Inc. et al.

Superior Court of Pennsylvania.

September 22, 1975.


Attorney(s) appearing for the Case

C. Daniel Carney, with him Thorp, Reed & Armstrong, for appellant.

James R. Miller, with him David B. Fawcett, Jr., and Dickie, McCamey & Chilcote, for appellees.

Before WATKINS, P.J., JACOBS, HOFFMAN, CERCONE, PRICE, VAN DER VOORT, and SPAETH, JJ.


OPINION BY PRICE, J., September 22, 1975:

The issue in this case is whether an agreement by a subcontractor to waive a mechanics' lien, obtained through the owner's fraud, can validly be asserted to prevent the subcontractor from filing a lien claim. We hold that it cannot be so asserted.

The lower court disposed of this case by sustaining the defendants-appellees' preliminary objections in the nature of a demurrer to plaintiff-appellant's complaint. Thus...

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