Netting Co. v. Touscany

The bill herein was filed to foreclose a claimed lien for labor and material furnished by plaintiff, under contract with defendant Amond H. Touscany, in the construction of the latter’s house. The other defendants were lien claimants, but their claims have been adjusted, and Mr. Touscany is now the sole defendant.

In the circuit, the alleged lien was held void for failure of plaintiff to furnish defendant owner with a sworn statement, required by 3 Comp. Laws 1915, § 14799. That section of the lien statute provides:

“The original contractor shall, whenever any payment of money shall become due…