Gardner & Meeks Co. v. Herold

The opinion of the court was delivered by

Swayze, J.

This action was brought under the third section of the Mechanics’ Lien act (Pamph. L. 1898, p. 538), against Rudolph Herold and Wilhelmina Herold, his wife, to recover money due the plaintiff from Albert Raas, for materials used in the erection of a building on Mrs. Hero-Id’s land, under a contract with her husband. It was admitted at the trial that the defendant Wilhelmina had in hand mo-re money than the amount of the plaintiff’s claim (probably meaning the balance of the contract price due to Raas). The plaintiff discontinued as to Rudolph…