Kaibab Lumber Company v. Osburne

Opinion by

Mr. Justice Groves.

This was an action by Kaibab as a materialman to foreclose a lien in the amount of $1,093.46 under the Mechanic’s Lien Law. The defendants in error Osburne were the owners of the real property sought to be charged with the lien. Kaibab did not prevail and came here on writ of error. We affirm.

On October 25, 1963, the Osburnes and a firm referred to as the contractor entered into a contract under the terms of which the contractor was to construct a dwelling for the Osburnes on a cost plus basis. The contract provided that the cost would not exceed $43,000,…