Wittmer Lumber Co. v. Rice

Robinson, J. —

Appellant sued Rice, the Interstate Building & loan Association, and others, to foreclose a mechanic’s lien. The building association answered that appellee Rice owned the land upon which appellant seeks to foreclose a lien; that he procured a .loan from the building association to build a house, and contracted with one O’Banion to do the work, O’Banion agreeing to give a bond to secure Rice and the association against any mechanic’s liens or claims for labor or material furnished; that O’Ban-ion agreed with appellant, a mercantile corporation, that he would purchase the lumber…