138 Pa. 10 | Pa. | 1890
NO. 63.
Opinion,
The appellees’ contention, in this case, is that the buildings and structures composing the Imperial Oil Refinery are not suf
By the third clause of the twelfth section of the act of June 16, 1836, it is required that a mechanics’ claim shall set forth “the locality of the building, and the size and number of the stories of the same, or such other matters of description as shall be sufficient to identify the same.” If there be enough in the description of the locality and of the peculiarities of the building, to point out and identify it with reasonable certainty, it is a sufficient compliance with the requirements of the act: Kennedy v. House, 41 Pa. 39. The building or structures against which this lien was entered was an oil refinery, which is so peculiar in its construction that the ordinary forms or methods of description are inapplicable. A description of an oil refinery by “ the size and number of its stories,” would be absurd and wholly inadequate. The mechanics’ lien creditor must therefore resort to “such other matters of description as shall be sufficient to identify the same.”
In Short v. Miller, 120 Pa. 470, it was held that an oil refinery, although peculiar in its construction, is the proper subject of a mechanics’ lien, under the general act of 1836 ; and, as the claim in that particular case described the locality with reasonable certainty, enumerated the several structures, described their uses, gave the dimensions, height or capacity of each, and the materials of which they were constructed, the lien was held to be good- So, in Titusville I. Works v. Keystone Oil Co., 130 Pa. 211, the claim enumerated the principal buildings and structures constituting the plant, described their uses, gave the dimensions, height, or capacity of each, and the materials of which they were constructed, and averred that the whole, taken together, constituted an oil refinery, the location
In the case at bar, however, the lien is filed against what is known as the Union Refinery, located on a lot or piece of ground particularly described by metes and bounds, as well as by adjoiners, containing twelve and one fourth acres. The buildings and structures are described, in general terms, as follows : “ A large oil refinery, used to refine crude petroleum, and to manufacture gasoline, etc.; which refinery has a capacity of 1,800 barrels, and upwards per day; a map or plan showing the exact location of said refinery, its tanks, buildings, stills, etc., being hereunto attached.” The claim further sets forth that “ all the steel plates, specifically mentioned in the itemized statement annexed hereto and made part hereof, were made and furnished by the said Linden Steel Company, Limited, for the erection and construction of a material and essential addition to the refinery aforesaid of the Imperial Refining Company, Limited, to improve the same, and increase its capacity and efficiency; ” that “ the above-mentioned material and essential addition to said refinery, for and about the erection and construction of which said steel plates were furnished, consisted of one six hundred-barrel steam still for steaming naphtha, said still being inseparably connected with said refinery, and being an essential part thereof; the relative location of said still, and of the various component parts of said refinery, being shown in the map or plan above referred to, in which said map or plan, said still, for and about the erection and con-
Considering the peculiar structure of an oil refinery, we are of opinion that the draft contains a better description of it than was reasonably practicable by any other means, and we are clearly of opinion that the lien, as filed, with the accompanying map, must be held to contain “ such matters of description as would be sufficient to identify the same.” To support a mechanics’ lien against an ordinary dwelling house, it is not necessary to describe it in every part, every room or apartment, or appliance connected with it; it is sufficient if it be described in such form, and with such reasonable certainty, as will clearly identify it to creditors, purchasers, or others interested. An oil refinery is not a single structure, in the same sense as a dwelling: it consists of a variety of structures, peculiar in form, large and small, each adapted to some particular use in the process of refining oil; but the whole of these several and various structures, taken together, is but a single establishment, and is known and used as an oil refinery. It is not necessary that every part and appliance of the refinery should appear in the claim, but- there should, as in the case of a dwelling, be such reasonable certainty of description as would clearly identify the subject of the lien.
The claim further sets forth that the materials charged in the statement of claim were furnished upon the credit of the refinery, or the buildings, machinery, etc., thereof, and that
We are of opinion that, so far as any question has been made, the claim in this case is sufficient; that the effect of the amendment was merely to make the claim more precise, specific and particular, and should have been allowed. In this view of the case, it is unnecessary to consider the remaining assignments of error.
The order sustaining the demurrer and making the rule to strike off the mechanics’ lien absolute is reversed; the demurrer is overruled, and the rule discharged ; the lien is reinstated, the amendment allowed, and a procedendo awarded, the appellees to paj^ the costs of this appeal.
NO 64.
For reasons given in our opinion filed at No. 63 October Term 1890,
The order sustaining the demurrer and making the rule to strike off the mechanics’ lien absolute is reversed; the demurrer is overruled, and the rule discharged; the lien is reinstated, and the amendment allowed; a procedendo is awarded, and the appellees ordered to pay the costs of this appeal.