29 Pa. Super. 547 | Pa. Super. Ct. | 1905
Opinion by
This mechanic’s lien showed upon its face that the contract under which the plaintiff furnished the materials was made with a person other than the owner, and it was essential, under the provisions of paragraph 11, sec. 11 of the Act of June 4, 1901, P. L. 481, that it should state “ when and how notice was given to the owner of an intention to file the claim.” The court below held the notice set forth in the claim to be insufficient, under the provisions of the 8th sec. of the act of June 4, 1901, and struck off the lien.
We have held, in The Wolf Company v. Pennsylvania Railroad Company, ante, p. 439, that if in a case of this character it appears upon the face of the record that the notice given failed to meet the requirements of the section of the statute referred to, the lien should be stricken off. The right of the plaintiff to file a lien is founded upon the statute, which makes the giving of the notice, required by the 8th sec. of the act, a condition precedent to the exercise of the right. The legislature has made the right of a subcontractor, intending to file a claim, dependent upon his giving the owner written notice to that effect, “ together with a sworn statement setting forth the contract under which he claims,” etc. The vital elements of a contract are the covenants which it contains, and a statement which does not furnish the owner with information as to the
The order of the court below is affirmed.