Suburban Imp. Co. v. Scott Lumber Co.

PARKER, Circuit Judge.

This is an appeal from a decree dismissing a bill in which complainant asked specific performance of a contract, that the amount due under it be set off against a claim for which defendant had filed a mechanic’s lien on complainant’s property, and' that a mandatory injunction issue requiring defendant to cancel the lien as a cloud on the title of the property. The answer, in addition to denying the allegations of the bill, asserted as a counterclaim the indebtedness of complainant under a contract to repair a building, and asked that the lien, which it had filed under…