Crego Block Co. v. D. H. Overmyer Co.

OPINION

FOWLIE, District Judge.

Defendants, D. H. Overmyer Co., Inc. and Prudential Insurance Co., appeal from the judgment rendered against them in a mechanic’s lien foreclosure action.

Defendant Overmyer engaged Green and White Construction Company to build a warehouse on property owned by Overmyer. Plaintiff entered into a written agreement with Overmyer and Green and White to furnish concrete blocks for construction of the warehouse. Plaintiff furnished the blocks which were incorporated into the warehouse and, not having received payment, filed a claim of lien for $25,548.69, and commenced…