Price Bros. v. Walters

OPINION

By THE COURT:

This is an appeal from a decree adjudging that plaintiff, Price Brothers Company, has a valid and subsisting mechanic’s lien on real estate formerly owned by appellant, Ella Rabinowitz, now owned by defendant-appellant, Hyman Rabin. We do not find that Ella Rabinowitz was a party below, nor that she has been made a party in this Court.

The right of the plaintiff to maintain its cause of action depends upon the resolution of one issue only, vi2.: Did the *445general contractor, Walters, have a contract with Ella Rabinowitz, the owner of the real estate, through her agent, Larry…