Eclipse Lumber Co. v. Bitler

But one question arises on this appeal: namely, whether a mechanic’s lien held by the plaintiff-appellant, Eclipse Lumber Company, is .inferior to a mortgage owned by the defendant-appellee, Fred Andresen.

On or about October 12, 1927, the appellant Lumber Company entered into an oral contract with the defendant-appellee, A. S. Bitler, to furnish him building materials to construct a house on certain real estate owned by the latter in Clinton. These building materials were delivered by appellant to the appellee, Bitler, between October "12, 1927, and March 23, 1928. During the progress of the…