Yancy v. Morton

Action by material-men to foreclose a lien for material furnished in the erection of a building. This appeal is by defendant from the judgment and order denying his motion for a new trial. Poore and Anton, as original contractors, agreed to erect a building for defendant for the sum of twenty-seven hundred dollars. Prior to the completion of the contract, they abandoned the work, and plaintiff now brings this action against the owner of the building for the value of *560the material furnished, claiming that the contract was absolutely void, because, — 1. Twenty-five per cent of the contract price…