Appeal, No. 462, Oct. T., 1960, from order of Municipal Court of Philadelphia County, June T., 1960, No. 6600-E, in case of Charles A. Klinges, Inc. v. Camblos Construction Corp. Order reversed.
Gordon Cavanaugh, with him Cavanaugh, Murphy & Kalodner, for appellant.
Robert S. Ryan, with him Drinker, Biddle & Reath, for garnishee, appellee.
Before Rhodes, P.j., Gunther, Wright, Woodside, Ervin, Watkins, and Montgomery, JJ.
[ 194 Pa. Super. Page 587]
This is an appeal from the order of the Municipal Court of Philadelphia dismissing appellant's motion for judgment on the pleadings against the garnishee. The appeal was submitted on an agreed statement of facts which are as follows:
On August 21, 1958, the Trustees of the University of Pennsylvania (hereinafter called Trustees), garnishee in the court below, entered a contract with Camblos Construction Corporation (hereinafter called "Camblos") under which Camblos agreed to perform certain repairs and renovations to a fraternity house at the university. The work was completed more than a year ago. Appellant, Charles A. Klinges, Inc. (hereinafter called "Klinges") performed work at the fraternity house under a subcontract with Camblos.
On July 18, 1960, judgment was entered against Camblos in the present proceedings in favor of Klinges for the unpaid balance due under said subcontract in the sum of $1,059.49, with interest and costs. Klinges then issued a writ of attachment execution on the basis of his aforementioned judgment against the Trustees as garnishee, seeking to attach certain monies held by the Trustees as retention payments under the Trustees' aforementioned contract with Camblos.
In response to interrogatories served on the Trustees by Klinges, the Trustees admitted that they held the sum of $2,758.10 payable to Camblos under the aforementioned prime contract. However, the Trustees claimed in their Answers to Interrogatories that said sum was not presently due and owing for the reason that Camblos had failed to provide the garnishee with releases of liens or evidences of payment
[ 194 Pa. Super. Page 588]
to subcontractors or bonds of indemnity required under Article 16 of the contract between the Trustees and Camblos.
Article 16 of the contract referred to provides: "Article 16. Liens - The final payment shall not be due until the Contractor has delivered to the Owner a complete release of all liens arising out of this contract, or receipts in full covering all labor and materials for which a lien could be ...