J. J. Clarke Co. v. Petivan

This is a suit against the owner and contractor for the price of materials furnished to the contractor and used by him in constructing a building for the owner. The contractor made no defense,' and judgment was rendered against him by default.

The owner of the building alleged, as a defense, that no contractual relations existed between her and the furnisher of materials, and hence she was not bound personally for such materials.

She further alleged that the evidence of plaintiff’s claim was not recorded until moré than 45 days after the building was completed and accepted by her, and hence…