Abry Bros., Inc. v. Tillman

HAMITER, Justice.

Abry Brothers, Inc., instituted the instant suit to recover from Ruth Tillman an alleged balance due of $1104.50 for the moving of, and for certain construction work performed on, a building owned by such defendant, all in accordance with a written, unrecorded contract entered into by those parties. Plaintiff also sought recognition and enforcement of a timely recorded and reinscribed lien against the property for the labor and materials used.

The defendant, in her answer, pleaded payment.

The trial judge rendered a personal judgment in favor of plaintiff and against the…