Chapel State Theatre Co. v. Hooper

No objection is made to the manner and form of obtaining the lien. We are concerned only with the interpretation of the mechanic’s lien statutes, their validity, and their application to the agreed statement of facts.

Our first inquiry must relate to the question of con stitutionality. This question was first raised in an unusual way by the Theatre Company pleading in the third defense of its answer that any construction of the Ohio statute which would establish a lien would render the statute invalid as a restraint upon the liberty of contract, as impairing the obligation of the contract, and…