Eggleston v. White

*326The opinion of the court was delivered by

Hopkins, J.:

The question here presented is whether a subcontractor may enforce a mechanic’s lien for the installation of a heating plant materially different from the one specified in the contract between the owner and contractor, where the plant was not sufficient for the purpose intended, was removed by the owner and repossessed by the subcontractor. Plaintiff recovered and the owner appeals.

On July 30, 1919, J. W. White (contractor) entered into a contract with Clara F. White (owner) to erect a dwelling house, furnishing all labor and material, for…