Cosgrove v. Stewart

JACKSON, Justice.

In the trial court, plaintiff A. H. Stewart filed a petition asking for the foreclosure of a mechanic’s and materialman’s lien against certain described residential property in Oklahoma City owned by the defendant, Roy D. Cosgrove, a single man. Cosgrove did not attack the sufficiency of the service of summons, but filed an answer which amounted to a general appearance, in which he alleged fraud and misrepresentation by the plaintiff, and that the improvements had not been installed in a workmanlike manner. On these issues the case went to trial, without a jury, and since the…