Sprague v. Green

On October 24, 1873, Sprague, plaintiff in error, entered into a contract with defendant in error, Hards, to do certain work on a building then being erected on certain real estate, in which Sprague had a leasehold interest. Work was done under .the contract; Sprague failed to payt and on December 23, 1873, a petition for mechanic’s lien was filed. O. B. Green filed, January 16,1874, an intervening petition setting out facts entitling him to a lien, for materials furnished to erect the building.

Long prior to the making of the contracts with the mechanics, Sprague had executed to the…