Buker, Et Ux. v. Webster

Bufokd, J. —

The appeal brings for review order overruling motion to dismiss bill of complaint by which it was sought to foreclose a lien for labor and material.

It is impossible to determine from the bill of complaint whether the complainant performed the labor and furnished the materials in the capacity of a contractor, under the provisions of Chapter 17097, Acts of 1935, or as a laborer and materialman.

Section 1 of Chapter 17097, supra, defines “contractor,” “laborer” and “materialman,” as follows:

“Contractor” means a person other than a materialman or laborer who enters into a contract with…