267 Pa. Super. 148 - Rees, Weaver & Co. v. M.B.C. Paper Mill Corp.’s Empirical Analysis

Citation profile

8 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Appellant argues finally that its action was in assump-sit, and that for this reason the lower court should not have stricken the judgment as based on an unperfected mechanics’ lien claim. The record belies this argument. Appellant’s complaint is captioned: “Action to Obtain Judgment upon Mechanics’ Lien Claim.” An action to obtain judgment upon a mechanics’ lien claim is an action in rem, not a personal action on a contract. Costanzo v. Chianese, 177 Pa.Super. 414 , 110 A.2d 802 (1955); Hoffman Lumber Co. v. Mitchell, 170 Pa.Super. 326 , 85 A.2d 664 (1952); Comment to 49 P.S. § 1702 (1965). While an action in assumpsit for labor and materials and an action to enforce a mechanics’ lien claim for the same labor and materials are concurrent and cumulative remedies, appellant chose to pursue only the latter remedy. Appellant having made this choice, the lower court properly struck off the claim, since “[t]he proceeding for enforcement of the lien is entirely dependent upon the existence of the lien, and if there is no lien, or it is divested or stricken off, the enforcement proceeding falls with it.” 12 Stand.Pa. Prac.—Mechanics’ Lien § 223 at 204 (rev. ed. 1964).”

   1 later decision quote this exact passage
   e.g. 306 Pa. Super. 475 - Stratford v. Boland