Whitfield v. Howard

The appeal is from a decree sustaining the demurrer of the appellee Clark to the original bill and amended bill.

The original bill was clearly subject to the objection that its averments did not bring the contract between Howard and the complainant within the provisions of the statute, in that it was not made to appear that the contract was made “with the owner or proprietor, or his agent, architect, trustee, contractor, or subcontractor.”

The amended bill was also subject to the objection that its averments were inconsistent with the facts disclosed by the exhibit; the averment being that the…