Springer v. Bowerman

This is a suit to enforce a mechanic’s lien.

On the 22d day of June, 1895, the A. Campbell Building Co. entered into a contract with Dewitt P. Hubbard to excavate premises in question. The contract was under seal. Afterward the time of performance was changed, by agreement in writing not under seal. The Campbell Company employed appellee as sub-contractor to excavate. Appellant was , owner, but was negotiating a ninety-nine year lease to Hubbard. No lease had been delivered to Hubbard and none was thereafter delivered.

The trial court sustained the petition of appellee, and decreed a lien in…