Grantwood Lumber Co. v. Aragona

The opinion of the court was delivered by

Parker, J.

The suit was in mechanics’ lien, no contract having been filed. The owner, Stanley Aragona, defended against a special judgment on the ground that the work done came within the section of the statute relating to repairs or alterations (Comp. Stat., § 10, p. 3301) and that no written consent of the owner in writing had been given. The case went to a referee by consent, and trial by jury was waived, with the stipulation that the waiver “is not a waiver of right to file exceptions to the referee’s report on matters of law.” The issue tried out…