Snyder v. Tulsa Engineering and Construction Co.

BLACKBIRD, Justice.

This appeal involves an action instituted by defendant in error, as plaintiff, to recover from the plaintiffs in error, as defendants, the principal sum.of $5,600 allegedly due it for certain work and labor referred to as “earth work” performed by plaintiff in the construction of an open-air, or outdoor, movie theater, known as the “Bellaire Drive-In Theater” on West 51st Street in Tulsa, Oklahoma, and to foreclose its claimed mechanic’s lien therefor. The parties will hereinafter be referred to as they appeared in the trial court.

There is no question but that plaintiff…