Lowrie & Webb Lumber Co. v. Ferguson

Starr,, C. J.

An opinion in this case was filed June 4,1945, and on plaintiff’s application a rehear ing was granted. Said opinion has been withdrawn, and this opinion, reaching the same conclusion, is substituted therefor.

Plaintiff appeals from a decree dismissing its bill of complaint filed to foreclose a mechanic’s lien on property located in the city of Detroit. The facts are stipulated. Between June 26 and December 6, 1941, plaintiff sold and delivered to defendant Ferguson lumber and building materials of the agreed value of $1,728.95, which were used in the construction of a dwelling…