Modern Heating & Supply Co. v. Ohio Bank Building & Equipment Co.

EDWARD P. HILL, Jr., Chief Justice.

On November 9, 1961, Peoples Bank of Fleming County contracted with Louis C. Smeltzer to remodel its bank building in Flemingsburg. Smeltzer, doing business as Ohio Bank Building & Equipment Company, then subcontracted with Modern Heating & Supply Company, Inc., the appellant herein, to do the heating and air conditioning work.

On October 26, 1963, the appellant Modern Heating, filed a suit in Fleming Circuit Court seeking to enforce a mechanic’s lien against the bank building owned and occupied by the defendant-appellee, Peoples Bank of Fleming County. Also…