Shuman-Mann Supply Co. v. Weaver

Carley, Judge.

Plaintiff-appellant brought suit in two counts against defendant-appellees. In Count I, appellant, having obtained a judgment against the contractor of appellees’ house for materials supplied in its construction, sought “a special lien in the amount of its judgment... upon the property owned by [appellees]...” In Count II, added by amendment subsequent to the filing of appellees’ motion for summary judgment in the action, appellant sought to recover alternatively on open account for the materials supplied, on the theory that the contractor was the undisclosed agent of appellees.…