Kauffman-Wilkinson Lumber Co. v. Christophel

This is an action brought by a material man to enforce a mechanic’s lien. Christophel was the contractor for the erection of the building, and Hunkins is the owner. The petition is in the usual form. The contractor made default, but the owner of the property answered by way of general denial. The cause was tried by the court sitting as a jury, the trial resulting in a judgment against the contractor but in favor of the owner. At the close of the entire evidence the court gave a peremptory instruction that, under the *99pleadings and evidence, the plaintiff was not entitled to a lien. Whether…