La May & Poudrier, Inc. v. Smith

This is an appeal from a judgment of the Justice’s Court of the Town of Huntington, dismissing the plaintiff’s complaint upon a demurrer interposed by the defendant.

The complaint alleged the performance of work and furnishing of materials by plaintiff in the improvement of certain real property acquired by the defendant after such work and materials were supplied and after the notice of lien had been filed. It alleged a contract not with the defendant but with his predecessor in title. The plaintiff seeks to impose a contractual liability on the defendant because of his acquisition of the…