Pinkard v. Hastings

CATES, Judge.

Hastings claimed $650 for materials “and/or” labor furnished by him under contract with appellant in “construction or improvement or repair” to described real estate of the appellant. The complaint claimed and sought sale under a lien on the land and annexed a notice of lien filed in the probate office. Verdict and judgment for Hastings for $400. .

The motion to dismiss under Supreme Court Rule 37 is not well taken: the appellant got his time extended once by the trial judge and next by this court. The filng of the record on June 20 was timely.

The first assignment claims error in…