Mermell v. McKinley

ALLEN, Chief Judge.

The appellee, as plaintiff in the lower court, brought an action to enforce a mechanic’s lien against the appellant-defendants. The plaintiff, as general contractor, alleged that pursuant to an oral contract he was to build a boys’ summer camp for defendants for a total price of $57,329.84; that $25,000 of this amount had been paid; that $32,329.84 remained unpaid and that a claim for lien in that amount had been filed and remained unpaid; and that the court should order a foreclosure giving plaintiff priority over the second mortgagee. The defendants answered setting up…