78 Pa. Super. 493 | Pa. Super. Ct. | 1922
Opinion by
The appellant is a subcontractor who filed a lien against the real estate of the appellee. The lien was stricken off by the court on the application of the owner, for- the reason that it did not fully set forth a contract alleged to have been entered into by the plaintiff with the contractor, and that it did not set forth the dates when the several items of labor and material were furnished under an additional contract. From that order we have this appeal. It is set forth in the lien that the plaintiff submitted to the contractor a written estimate for the painting and glazing of the building against which the lien was filed “which estimate and proposal is attached to the lien, marked exhibit A, and made a part thereof”; that the same day the contractor verbally accepted the estimate and verbally agreed that the plaintiff should furnish all the labor and material for the painting and glazing of the building and that the contractor would pay the claimant in consideration therefor sums of money set forth in exhibit A. It is averred that to carry out the contract claimant furnished laborers, to wit: “Two painters at different times from February 5,1920, to June 11,1920, each of whom worked ten days; three painters at different times from February 5th to June 11th, 1920, each of whom worked five days; four painters and glazers from February 5, 1920, to June 11, 1920, each of whom worked four days. Claimant avers that each painter that was furnished by them was well worth eight dollars per day.” It is also set forth that in order to carry out the contract claimant furnished the materials as itemized in paragraph eight
To labor and material for work done in lien of painting and glazing, at 842 N. 3d St.,
Phila., contract price ...........-........-.$575.00
Then follow charges as follows:
To painting and glazing 5 double hung windows, in addition to those originally shown on the
plans.................................... 57.00
To furnishing glass in wood doors, made necessary by change from metal doors........... 18.00
To painting new rear fence 3 coats.............57.60
To furnishing glass and glazing 4 lights of rough
wire glass in metal door.................... 7.00
To replacing glass broken in boiler house by other mechanics, 12 lights, 14 x 20 double thick, at 75 each............................ 9.00
The total amount .................•.....$723.00
What entered into the item of five hundred and seventy-five dollars is not made to appear anywhere in the lien. The terms of the contract are not set forth and we have no means of ascertaining what proportion of the claim was for labor, what for the several amounts of material. The remainder of the bill has the appearance of a charge for something done outside of the alleged contract. The dates of these items do not appear nor is it stated whether the materials were furnished and the labor performed under an express contract for a fixed amount or whether the charges are for the value of the services rendered. It will be noticed that the aggregate of the items is somewhat larger than the amount claimed in the ninth
The judgment is affirmed.