Roberts v. Lesser

ROBERTS, Justice.

This is an appeal from a final order dismissing plaintiff-appellant’s suit to foreclose a mechanic’s lien against property *223owned by the defendant-appellee and improved by plaintiff allegedly “at the request of Miami Lawn Sprinkler Co., Inc., the Contractor and defendant Samuel Lesser’s agent.” Upon motion of the defendant that the complaint be dismissed for failure “to state a claim upon which relief can be granted,” the lower court entered an order finding that “the Plaintiff had not contracted with the Defendant owner of the property, and * * * the Plaintiff had not served…