Ellis v. AUCH

Appellant (plaintiff below) instituted this action against appellees to foreclose a mechanic’s lien. The parties had signed what they refer to as an agreement whereby appellant was to perform certain labor and furnish fixtures for appellees’ new home.

Appellant’s complaint alleges the execution of the contract, that he had performed his part of the agreement, and that the lien was filed on February 23, 1949, which he alleges was within sixty days from the time of furnishing and supplying material and labor.

Appellees filed answer pursuant to Rule 1-3 of the Supreme Court. Therein it was alleged…