Macklin v. Miller Improved Gas Engine Co.

We regret that we are unable to take the same view of this ease as the common pleas court. It seems a great hardship that the engine company should lose the $2,500 for a failure to state the date of the labor involved in installing the engine in question which completed the contract in “furnishing” the same.

We find nothing in the statement of account, nor in the affidavit nor in the contract, which shows or even hints that the contract may have been completed within four months of the time of filing the affidavit upon which the claim for a lien is based.

On the contrary, the affidavit very…