Hipskind Heating & Plumbing Co. v. General Industries, Inc.

Dissent

Jackson, J.

This case comes to us on petition to *217transfer from the Appellate Court under Acts 1933, ch. 151, §1, p. 800, being §4-215, Burns’ 1946 Replacement. See 194 N. E. 2d 733 for opinion of the Appellate Court.

Appellant instituted its action below to foreclose a mechanics lien. The trial court rendered judgment on a directed verdict for appellee. From such judgment stems this appeal.

Issues were joined in the trial court on appellant’s amended complaint, appellee’s answer and appellant’s reply.

Appellant’s amended complaint alleged, in substance, that the parties entered into an…