Cleveland Builders Supply & Brick Co. v. Schwartz

The Tregenne Sheet Metal and Furnace Company failed to prepare an affidavit required by 8312 GC of a subcontractor and serve notice thereof either upon the owner or head contractor.

The law of this district, touching this issue, is settled by the decision of the Cuyahoga County Court of Appeals in the case of Gannon vs. Potter and Teare Company, 30 O. C. A. 566, adverse to the claimed lien of this defendant company and hence our judgment must be against The Tregenna Sheet Metal and Furnace Company.

The lien of the defendant The Gerspacher Plumbing and Heating Company is resisted solely upon the…