Stringert & Bowers, Inc. v. On-Line System, Inc.

Opinion by

Price, J.,

The issue in this case is whether an agreement by a subcontractor to waive a mechanics’ lien, obtained through the owner’s fraud, can validly be asserted to prevent the subcontractor from filing a lien claim. We hold that it cannot be so asserted.

The lower court disposed of this case by sustaining the defendants-appellees’ preliminary objections in the nature of a demurrer to plaintiff-appellant’s complaint. Thus, for purposes of this appeal, we must accept as true the facts averred in appellant’s complaint, and he must be accorded all the inferences reasonably deducible…