Home Supply Co. Inc. v. Ostrom

Wilson, O. J.

Action to foreclose a meclanic’s lien. One Lindall owning tie premises made a contract witl Ostrom Broilers to furnisl tie necessary material and construct a dwelling louse tlereon. Ostrom Brothers bouglt building material from plaintiff wlicl was used in this work and there is a balance of $672.39 unpaid tlereon. Plaintiff filed a lien for this amount. Lindahl contested plaintiffs’ right of lien on the ground that it had executed and delivered on November 17, 1922, a written waiver of the lien, at which time Ostrom Brothers gave to plaintiffs their note for $654.53 payable in 10…