Baker v. Smallwood

This suit is to enforce a mechanic’s lien filed by a sub-contractor whp agreed with the original contractor to do the painting of a residence under construction according to the plans and *258specifications for the lump sum of $180'. Judgment was recovered by-plaintiff for tbe full amount of bis demand and a lien was adjudged. Tbe appeal was taken by tbe owner of tbe property.

Tbe request of tbe appealing defendant for an instruction in tbe nature of a demurrer to tbe evidence . should bave been sustained for two reasons. First no evidence was offered by plaintiff to prove that tbe indebtedness…