Murtha v. Murphy

Motion (1) to dismiss the complaint for failing to state facts sufficient to constitute a cause of action and (2) to vacate a notice of lien filed on July 9, 1956.

The action is to foreclose a mechanic’s lien. The complaint alleges that from May, 1956 to June 26, 1956 the plaintiffs, pursuant to an agreement with one Fred Brendel, furnished certain materials for the erection of a building on the defendant’s property. Fred Brendel was under contract with the defendant to provide the materials and construct the building. The plaintiffs were paid $1,000, but a balance of $735.16 is due on the…