Quality Heating Supply Co. v. Buckeye Loan & Building Co.

This is an action by a materialman to foreclose a mechanic’s lien upon real estate owned by the defendant. The case comes to this court upon appeal on questions of law and fact from the Common Pleas Court.

The defendant entered into a contract with Miller & Company, on or about February 24, 1954, whereby Miller & Company, in consideration of $20,300, agreed to install air-conditioning equipment in a building owned by the defendant. Payments were to be made “as deliveries are made and work progresses as approved by architect.”

Miller & Company started to furnish and install the equipment, and…