Abe Schild Stone Corp. v. Apostle

The parties to this action to foreclose mechanics’ liens stipulated to waive findings and to try first the primary issue of the owner’s liability or, stated in other words, whether there was a fund consisting of moneys due and unpaid under the contract for the improvement available for lienors. The question of the validity and amount of the respective liens was reserved pending such determination.

The sole witness on this issue for the lienors was the general contractor. His testimony was as to certain subjects vague and generalized, the explanation being that records were not available…