Fleming Bros. Lumber Co. v. McDonald Amusement Co.

KENNEDY, District Judge.

The above-entitled cause is before the court upon motion of plaintiff to strike certain portions of defendant’s answer. The suit is brought to foreclose certain mechanics’ liens growing out of a contract for building a theater. One of the assignors of plaintiff was a surety upon the building contractor’s bond, and the defendant by counterclaim in a portion of its answer attempts to set up a cause of action for damages growing out of alleged discrepancies and deficiencies on the part of the contractor chargeable likewise against his bondsmen.

The principal part of the…