Summit-Portage Concrete & Supply Co. v. Hunter

An appeal on questions of law has been lodged in this court from an order of the Common Pleas Court of Summit County sustaining a demurrer to the cross-petition of the defendant-appellant, Doris L. Hunter, and dismissing such cross-petition without prejudice.

We hold the judgment dismissing the cross-petition to be a final order. We shall, therefore, discuss the principal issue— whether the demurrer was properly sustained.

Summit-Portage Concrete & Supply Company commenced an action to foreclose a mechanic’s lien against land owned by Doris L. Hunter. A contractor named Roy Magazine had a…