Boynton Lumber Co. v. Evans

The opinion of .the court was delivered by

Minturn, J.

Upon motion for that purpose, the answer filed was struck out as sham and frivolous, and summary judgment was entered for the plaintiff, and from that order this appeal was taken. The suit was upon a mechanics’ lien, filed by the plaintiff, as materialman, against the property of the defendant Rudolph L. Tanner, situate at Westfield.

One Gallagher, contracted with Tanner to erect a residence upon the latter’s lot, and thereafter sublet the entire contract to the defendant Evans, who purchased some of the materials which entered into the…