Baughman v. Foster Lumber Co.

The Foster Lumber Company, defendant in error, brought suit against Baughman, plaintiff in error, and one Gettman to foreclose a mechanic’s lien on certain property which Gettman had purchased on contract (recorded) from Baughman. Baughman in his answer, and in the nature of a counterclaim, set out this contract, asking that it be declared a lien on the premises superior to that of plaintiff, and for a foreclosure. After the matter was at issue, both sides filed motions for judgment on the pleadings. That of the lumber company was sustained, although the court allowed foreclosure by Baughman…