Vitale Bros. v. Wurtz

A lessee erected a “diner” upon a certain lot in Canton. The plaintiff constructed the concrete foun dation for the diner, together with walks, paved parking area, and brick basement.

The lessee defaulted, forfeited his lease to the landowners, and the diner was repossessed and removed under a conditional sales contract upon which it had been bought.

The plaintiff perfected a mechanic’s lien against the premises, but, although it had notice of the default and forfeiture, it did not perform or tender performance of the lease or attempt to obtain any rights under Section 1311.09, Revised Code.

Remo…