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MEYERS PLUMBING AND HEATING SUPPLY COMPANY v. FELIX CASTE (02/03/86)

filed: February 3, 1986.

MEYERS PLUMBING AND HEATING SUPPLY COMPANY, APPELLANT,
v.
FELIX CASTE



APPEAL FROM THE ORDER DATED MAY 31, 1985 IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, CIVIL NO. G.D. 85-1159

COUNSEL

Marvin J. Apple, Pittsburgh, for appellant.

Michael A. Stone, Pittsburgh, for appellee.

Cirillo, Beck and Watkins, JJ.

Author: Cirillo

[ 350 Pa. Super. Page 483]

This is an appeal from an order striking a mechanic's lien. We affirm.

At the time this dispute arose, the appellee, Felix Caste, was the owner of a 49 acre tract of land on which he planned to have 42 townhouses built. Appellee entered into an agreement with C & G Plumbing (C & G) for plumbing work to be furnished in connection with the townhouse

[ 350 Pa. Super. Page 484]

    project. The appellant, Meyers Plumbing and Heating Supply Company, extended credit to C & G for the purchase of plumbing materials that were used on the project. Prior to completion of their work, appellee Caste requested that C & G leave the site; therefore the contract was never completed. This fact is important insofar as it impacts on the basis of the claim. See generally, Fisher Sprinkler Co., Inc. v. Ide, 305 Pa. Super. 554, 451 A.2d 1015 (1982) (contractor sought to recover for labor and materials on a contract which he was barred from completing).

After filing the requisite notice, pursuant to 49 P.S. §§ 1501 and 1502, appellant filed a mechanic's lien against the property and townhouses that constituted appellee's project. The lien described the townhouses as a "building or structure [which] is a construction of 42 residential units located at Wyman Road, Whitehall Borough, Allegheny County, PA." Although there are 42 townhouses, the lien still uses a singular subject and verb. The 42 units reportedly "consist of six (6) or eight (8) unit buildings." Attached to the lien was a partial set of invoices which listed the type of material taken, and the amount charged by C & G.

This case comes before us on appeal from an order of the trial court granting appellee's petition to strike the mechanic's lien claim. Two issues are presented for our review: 1) whether appellant's claim has not been apportioned as required by Section 306 of the Mechanics' Lien Law of 1963, 49 P.S. § 1306(b);*fn1 and 2) whether the claim did not include

[ 350 Pa. Super. Page 485]

    a detailed statement of the materials furnished by the appellant as required by Section 503 of the Mechanics' Lien ...


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