Bybee v. Stearn

ROBERTS, Justice.

Plaintiff-appellant, a plumbing subcontractor, filed a suit in equity against the defendant-appellee, Edward A. Stearn, to foreclose a claim of lien against property owned by the defendant. He did not join as a party defendant the general contractor, Palmer & Jarrett, with whom Stearn had contracted for the construction of a building on his premises and who had, in turn, subcontracted the plumbing work to plaintiff. The plaintiff claimed the right to recover the full amount of his lien on the ground, among others, that “prior to completing the contract, Plaintiff informed the…