Smith-Faris Co. v. Jameson Memorial Hospital Ass'n

Opinion by

Mr. Justice Maxey,

This is a scire facias sur mechanic’s lien filed by The Smith-Faris Company against the Jameson Memorial Hospital Association, owner, and R. T. Withers Sons Company, contractor. Plaintiff below secured at the direction of the trial judge a verdict in the sum of $5,-577.34, but the court later entered judgment n. o. v. in favor of the defendant. From this judgment plaintiff appeals.

The issue being made up of a scire facias sur mechanic’s lien, an affidavit of defense and a replication, the plaintiff at the trial offered in evidence: (1) a written contract of the…