Lane v. Thomas

This case comes into this court on appeal to marshal liens on funds in the hands of an owner of a building and due to his head contractor. The facts in the case are admitted. The fund is insufficient to pay all claims in full. Priority is claimed among the creditors of the head contractor growing out of rights under an order claimed to have been given by him, and involving attachment and mechanics’ liens. As to the order it is in the form of a telegram, and reads as follows:

“July 24, 1902. Kasch Roofing Company.

“Will be home Saturday or Monday. “Meantime McGregor can pay your last estimate if…