HALOWICH et ux. v. AMMINITI

Mechanics' Liens — Building contract indefinite and uncertain — Failure to perform condition precedent — Delivery of release of liens.

In a proceeding upon a scire facias sur mechanic's lien, in which it appeared that the lien asserted by plaintiffs was based solely upon a written agreement between plaintiffs and defendants; that the agreement was incomplete and the actual contract between the parties included plans not incorporated in the agreement by reference and subsequent oral arrangements calling for certain variations from the plans and certain additional extras; that the written agreement provided for payment of the final installment when the contract had been completed and waiver of lien had been furnished to plaintiffs by defendants; and that the court below Held that (a) the written agreement was insufficient, by reason of its being too indefinite and uncertain, to permit plaintiffs to recover generally, and (b) plaintiffs could not recover, as to the final installment, because they had not delivered to plaintiffs a release of all liens at the time they filed their lien; it was Held that the order of the court below refusing to take off a nonsuit should be affirmed.

Argued April 16, 1959.