KELLY-ASHBY ELEC. CO., INC. v. CLAYPOOL

Mechanics' Liens — Claim — Amendment — Description of real estate — Amendment averring claim against another lot — Act of June 4, 1901, P.L. 431.

In this case, in which it appeared that plaintiff filed a mechanic's lien claim "against all that certain one story brick building housing a Thorofare Super Market erected upon Lots Nos. 202-206 in the Allison plan of lots" (which lots were situated on the southern side of a street in the borough, at its intersection with a State highway); that the description of the real estate was erroneous, in that the structure was erected upon a lot of land immediately north of the street, at its intersection with the State highway; and that the court below concluded that, under the exception contained in § 51 of the Act of June 4, 1901, P.L. 431, an amendment to plaintiff's claim could not be allowed; it was Held that the order of the court below should be affirmed.

Argued November 12, 1959.