Hamme v. Lockamy

Sheely, P. J.,

This is a motion to strike off a mechanic’s lien filed “for the excavation, grading, paving, and supplying of stone in and about a drive-in restaurant situate” on the owner’s land. The parties have stipulated that at the time of the oral contract between the claimant and the owners, the owner’s drive-in restaurant had already been erected although it was not finished inside and the concrete walk or apron around it had not been laid. The excavation for the building was not done by the claimant. The claimant, under his oral contract, excavated for the concrete walk or apron around…