Smith v. Findley

This is an action by the defendant in error to foreclose a mechanic and material-man’s lien against the property of the plaintiff in error. Judgment was for the plaintiff in the trial court for foreclosure of the lien, a personal judgment having been waived. The parties are hereinafter referred to by their trial court designation.

The plaintiff and defendant entered into an oral contract on or about February 4, 1954, by the terms of which the plaintiff was to furnish material for and perform labor in the construction of a service station for the defendant. Approximately two months later, the…