Chavez v. Sedillo

McGHEE, Justice.

The lower court gave judgment for the defendants on the pleadings in this action to foreclose a mechanic’s lien upon the ground a fatal variance existed between the allegations of the plaintiff’s pleadings and the claim of lien upon which he relied. The plaintiff appeals.

The order granting motion for judgment on the pleadings did not specify the nature of the fatal variance, but it appears from the briefs of counsel here that argument was made to the lower court respecting variance between the statement in the claim of lien as to the terms, time given and conditions of the…