Arch Sellery, Inc. v. Simpson

This case is before us for the second time. In 1957 plaintiff Simpson, a roofing contractor, sought to foreclose a labor and material lien against defendants, Arch Sell-ery, Inc., then bankrupt, general contractor, and the owners of the building, Lierd and Miracle. Defendants resisted on the ground that Simpson’s work had been substantially completed more than ninety days before the lien was filed, contending that the sealing, the only work done within the ninety-day period, was trivial and slight, done only for the purpose of either keeping alive or reviving the lien. The district court gave…