Opinion
December 16, 1964.
January 15, 1965.
Mechanics' Liens — Notice of intention to file lien — Amount due plaintiff — Sufficiency of statement of claim — Necessity of specifically listing amounts due for labor and materials — "Lump sum" contract.
In a proceeding involving the validity of a mechanic's lien filed by subcontractor, in which it appeared that the court below, holding that plaintiff's notice of intention to file a lien, which contained the amount of plaintiff's demand, the work performed, and the time the work was done by plaintiff and his employes, was sufficient to satisfy the statute, and that the contract entered into between defendants and the general contractor was a "lump sum" contract, and plaintiff's statement of claim, although defendants contended he had not specifically set forth the amount for labor and the amount for materials, gave the defendants the necessary information to enable them to determine the correctness of plaintiff's claim and, also, satisfied the statutory requirements, dismissed exceptions to the finding for plaintiff; it was Held that the judgment of the court below should be affirmed.
Before ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ. (RHODES, P.J., absent).
Appeal, No. 246, Oct. T., 1964, from judgment of Court of Common Pleas No. 1 of Philadelphia County, Sept. T., 1962, No. 140, M.L.D., in case of Gino Giansante v. Anthony Pascuzzo et al. Judgment affirmed.
Same case in court below: 34 Pa. D. C. 2d 554.
Mechanic's lien proceeding. Before CHUDOFF, J.
Finding and judgment for plaintiff. Defendants appealed.
Ralph Schwartz, for appellants.
Charles M. Golden, with him Miller, Pincus Greenberg, for appellee.
Argued December 16, 1964.
The judgment of the Court of Common Pleas No. 6 of Philadelphia County is affirmed on the opinion of Judge EARL CHUDOFF for the court below, reported at 34 Pa. D. C. 2d 554.