1 Pennyp. 22
Decided May 2, 1881
Supreme Court of Pennsylvania · decided 1881-05-02
Scire facias sur mechanics’ lien, entered by Gottlieb Sener, J. F. Sener, Henry Sener, A, Sener, doing business as G-. Sener & Sons, against Adolph N. Basch, contractor, and Charles Morton, Moses Maxwell, Eobert Able, and Johnson Wesley, committee and trustees of St. Stephen’s Tabernacle, No. 5, of the Independent Order of Brothers and Sisters of Love and Charity of Lancaster City.
Decided 1881-05-02
¶1We find no error in this record of which the plaintiff has any right to complain. It is well settled that if materials are supplied on the credit of a building in the course of construction and which could have been used, a lien may be filed though they never went into it at all. The charge, we think, as favorable to the plaintiff as he could have asked, and had. no tendency, as we can see, to mislead the jury.
¶2Judgment affirmed.