Maycumber v. Wolfe

This is a motion pursuant to rule 113 of the Rules of Civil Practice for summary judgment dismissing a complaint to foreclose a mechanic’s lien, canceling the lien and discharging a notice of lis pendens filed in connection with the action.

It appears from the pleadings and affidavits submitted on the motion that the defendant Robert W. Wolfe entered into a contract with the defendant Robin Construction Corporation whereby the latter was to build a residence for an agreed price of $21,588, part of which was to be financed by the owner’s procuring an $18,000 mortgage. The sum of $1,000 was paid…