Opinion
November 14, 1963.
March 17, 1964.
Mechanics' Liens — Reliance of contractor's supplier on security of building — Evidence — Presumption.
In a mechanic's lien case, in which it appeared that the court below, holding that plaintiff had complied with all the statutory requirements for a valid lien, and that there was no evidence to rebut the presumption that plaintiff, a lumber dealer, had relied on the security of the building in selling lumber to the contractor, entered judgment n.o.v. for plaintiff, it was Held that the judgment of the court below should be affirmed.
Before RHODES, P.J., ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ.
Appeal, No. 259, April T., 1963, from order of Court of Common Pleas of Allegheny County, Jan. T., 1960, No. 3721, in case of Green Hills Lumber Company v. Grant C. Williams et al. Judgment affirmed.
Same case in court below: 32 Pa. D. C. 2d 759.
Scire facias sur mechanic's lien proceeding. Before MCKENNA, JR., J.
Verdict for defendant owners; plaintiff's motion for judgment n.o.v. granted against defendant owners. Defendants appealed.
Carl Brandt, with him Brandt, Riester, Brandt and Malone, for appellants.
Gerald W. Weaver, with him J. Robert Maxwell, and Maxwell and Huss, for appellee.
Argued November 14, 1963.
The judgment non obstante veredicto entered by the Court of Common Pleas of Allegheny County is affirmed on the opinion of Judge MCKENNA, for the court below, reported at 32 Pa. D. C.2d 759.