Otte v. McAuliffe

GERALD M. SMITH, Commissioner.

This appeal involves a mechanic’s lien suit in which judgment for $2,457.81 plus interest was entered by the Court in favor *735of the plaintiff-contractor and against defendants, the landowners, and a lien was adjudged against the property. The cause was tried to the Court without a jury. The defendants contend the action of the Circuit Court in refusing to admit testimony that the material and workmanship furnished were faulty was error. We agree.

The action was commenced by a petition to enforce a mechanic’s lien. After setting out the identity of the parties and…