Moser Lumber, Inc. v. Morgan

Edward F. Morgan and Elsie Morgan, defendants, as the owners of certain real estate, appeal from a decree foreclosing a mechanics’ lien in the action brought by the Moser Lumber, Inc., plaintiff, as a materialman.

The issues presented are whether the plaintiff proved the delivery of the material; whether plaintiff served notice of mechanics’ lien within sixty days following the completion of the last delivery; whether or not plaintiff is entitled to lien rights for labor; whether the defendant owners were entitled to a counterclaim (which was stricken by the court); whether the plaintiff…