North American Iron Works, Inc. v. G. Dekimpe, Inc.

After several months of vainly demanding payment due to it, respondent was justified in quitting work under its contract and in filing its mechanic’s hen. While appellant, as general contractor, had covenanted with the board of education not to permit any hen to be filed, respondent as subcontractor cannot be deprived of its statutory right to assert a hen, in the absence of an express covenant on its part not to file any hen.

Respondent was entitled to the value of the materials fabricated by it under the contract and stored in its shops for dehvery when needed.

Since the amendment by chapter…