Summary
disallowing lien for installation of mechanical controls in fencing
Summary of this case from B.N. Excavating, Inc. v. PBC Hollow-A, L.P.Opinion
September 19, 1960.
November 16, 1960.
Mechanics' Liens — Construction of fence — Installation of electrical controls.
In a proceeding upon a mechanics' lien claim, in which it appeared that the claim arose out of a contract to install electrical controls in a fence for the opening and closing of gates therein; that claimant was a subcontractor under a contractor who had the prime contract to erect a fence surrounding the property of the defendant owner; that the structure on the ground enclosed by the fence had been erected some substantial time before; and that the court below, concluding that, in the circumstances, the installation of electrical controls in the fence was not the proper subject of a mechanics' lien against the structure and curtilage appurtenant thereto, struck off the lien; it was Held that the order of the court below should be affirmed.
Before RHODES, P.J., WRIGHT, WOODSIDE, ERVIN, WATKINS, and MONTGOMERY, JJ. (GUNTHER, J., absent).
Appeal, No. 216, Oct. T., 1960, from order of Court of Common Pleas of Montgomery County, Nov. T., 1958, M.L.D., No. 160, in case of Joseph F. Kinsinger, trading as Fleming Elevator Company v. Keasbey Mattison Company. Order affirmed.
Same case in court below: 22 Pa. D. C. 2d 316.
Scire facias sur mechanics' lien proceeding.
Order entered sustaining defendant's demurrer and striking off mechanics' lien, opinion by DANNEHOWER, P.J. Plaintiff appealed.
E.C. Shapley Highley, with him Russell J. Brownback, for appellant.
Marlyn F. Smith, with him Alexander N. Rubin, Jr., and High, Swartz, Childs Roberts, and Goff Rubin, for appellee.
Argued September 19, 1960.
The order of the lower court sustaining the demurrer to the scire facias sur mechanics' lien, dismissing the sci. fa., and striking off the mechanics' lien claim is affirmed on the opinion of President Judge DANNEHOWER, as reported in 22 Pa. D. C.2d 316.