Gain v. McCracken

Butler & McCracken, claiming to be subcontractors under Benjamin Summers, filed their petition for mechanic’s lien, making Ella Gain, Summers and Wiegrifie (another sub-contractor) defendants.

Appellant filed a general demurrer to this petition which the court overruled, and appellant electing to abide by her demurrer, a decree was entered as prayed for, to reverse which she took this appeal. It is alleged in the petition that Summers, on August 27, 1887, made a written contract with Ella Gain to build a house for her for $685, to be completed in forty-five days from date of contract, payments…