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ALAN PORTER LEE v. DU-RITE PRODUCTS COMPANY (03/19/51)

March 19, 1951

ALAN PORTER LEE, INC.
v.
DU-RITE PRODUCTS COMPANY, INC. (ET AL., APPELLANT)



Appeal, No. 72, Jan. T., 1951, from judgment of Court of Common Pleas of Berks County, June T., 1948, No. 34, in case of Alan Porter Lee, Inc. v. DuRite Products Company, Inc. et al. Judgment reversed.

COUNSEL

John A. Moss, with him John A. Clark and Moss, Rieser and Bingaman, for appellant.

Dawson H. Muth, with him Body, Muth, Rhoda and Stoudt, for appellee.

Before Crew, C.j., Stern, Stearne, Jones, Bell, Ladner and Chidsey, JJ.

Author: Ladner

[ 366 Pa. Page 549]

OPINION BY MR. JUSTICE LADNER

The appellant, intervening defendant in a mechanic's lien proceeding, appeals from a judgment for the

[ 366 Pa. Page 550]

    plaintiff entered on a verdict rendered in his favor on the trial of a sci. fa. sur mechanic's lien.

The plaintiff, an engineering corporation, incorporated under the law of New York, filed a mechanic's lien under the Act of June 4, 1901, P.L. 431, as amended (49 P.S. 1 et seq.) against the one-story brick factory building and boiler house and lots or pieces of ground with the curtilage appurtenant thereto, situate in the Borough of Sinking Spring, Berks County, Pa., of which property the Du-Rite Products Company Inc. was owner. The lien claimed $10,822.25 and was averred to be for the "furnishing of engineering services for the design, supervision of construction and initiation of operations of a plant for spray drying of detergent products on the premises of the defendant."

The lien set forth that the services were rendered in accordance with an oral contract by which the claimant "agreed to furnish and did perform all the chemical, mechanical and civil engineering for the establishment of suitable processing machinery, plans and specifications for and toward the erection of a new building and large concrete towers for the spray drying of chemicals, the development of plans and specifications for auxiliary pipe lines, storage vessels, fuel oil installations, steam boiler and steam boiler distribution installations and for the complete plant design and specifications for the erection of the said new buildings and towers and equipment; in accordance with the said oral contract aforementioned, the owner and contractor, the Du-Rite Products Co., Inc.,... agreed to pay... the following rates: For the principal Engineer, Alan Porter Lee, $15.00 per hour, Senior Associates $10.00 per hour, Junior Associates $7.50 per hour, Draftsman $5.00 per hour."

The defendant in the lien, the Du-Rite Products Co. Inc., filed no affidavit of defense ...


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