Tucson National Bank v. Gomez

— Charles Gomez and Delfina Gomez, his wife, hereinafter called appellees, were the owners of certain real estate in Tucson, Arizona. They entered into a contract with one J. C. McQuaid to erect a dwelling thereon, which contract contained the following clause:

“And the said party of the first part agrees to pay or cause to be paid the cost of all materials and labor used in and about the construction of said dwelling-house and building, and to keep the same at all times free from mechanics’ and materialmen’s liens on account of the furnishing of any such labor or materials. ’ ’

McQuaid erected…