Real Estate-Land Title & Trust Co. v. Lloyd Building Corp.

Opinion by

Mr. Justice Simpson,

The Hartford Accident & Indemnity Company, one of the defendants, appeals from a judgment rightfully entered against it for want of a sufficient affidavit of defense. The essential facts are as follows:

An owner of realty, being desirous of erecting an apartment house thereon, but without sufficient means to enable him to do so, entered into a written agreement with a builder to do the work, reciting therein that plaintiff “is about to make certain insurances of completion and against liens, and as a condition for so doing has required the execution of this…