53 Pa. Super. 134 | Pa. Super. Ct. | 1913
Opinion by
In the mechanic’s claim in question the building was described as “a brick building, four stories in front and three stories in the rear, known as Nos. 1235 and 1237 Vine street, forming a single plant used for carrying on the business of sign painting,” and the claim was for the price of “materials furnished and supplied toward the erection and construction of said building.” The learned trial judge specially presiding held, in a well-considered opinion, “that the work done and materials furnished were so done and furnished in the alteration of Nos. 1235 and 1237 Vine street and that they did not enter into the construction of a new structure.” We are of opinion that this conclusion is in accordance with the facts testified to by the plaintiff’s witnesses (the defendants offered no evidence), and is supported by the authorities cited in his opinion. The evidence descriptive of the changes made in the old building, being uncontradicted, casts upon the trial judge the -duty of determining
The judgment is affirmed.