Forman v. Kelly

Lively, Judge :

The decree appealed from sustained a demurrer to plaintiff’s bill and dismissed the cause.

The controlling question to be determined is upon the sufficiency of the notice of a subcontractor to the owner of the building required by the statute in order to perfect and preserve his lien.

The bill charges in substance that the plaintiff, Forman, entered into a subcontract with Glenn Sheets, who was the general contractor employed by defendant Kelly, in the erection of a certain dwelling house on Kelly’s land; that his contract was to furnish the labor and material for the plastering…