Adalex Const. Co. v. Atkins

This suit involves the claim of a contractor for balance due for labor and materials furnished in the erection of a residence under written contract with the owner, and the enforcement of a mechanic’s lien therefor. The issues presented go to the question of indebtedness vel non. The register, on a reference, found for the contractor for the amount claimed. The trial court sustained exceptions to the report, and rendered a decree in favor of the owner.

The contract was as follows:

“This agreement made this 10th day of November, 1921, by and between Adalex Construction Company, hereinafter…