Van Den Heuvel v. Wisnuluski

Richards, P. J.:

As shown by the testimony, the plaintiff contracted with the defendant to grade the lawn on his property at 1105 South Rodney Street; he started to do the work on October 3, 1951, completed it on October 8,1951.

Subsequently water and sewer pipes were put in on the property making it necessary to have some additional filling in done. The defendant engaged the plaintiff to make the additional fills and he did the work on December 22, 1951.

Title 25, paragraph 2711(a), of the Code of 1953, provides that in order to obtain a mechanic’s lien, a contractor must file his statement…