MUTUAL LUMBER COMPANY v. Gero

WEBBER, Justice.

Plaintiff supplied materials to one Gero to be used in the erection of a house. Gero, who with his wife was owner of this property, was also a general contractor engaged in work on other projects for which he purchased materials from plaintiff. Defendant Bank is the holder of two duly recorded construction loan mortgages on the property in question. Plaintiff claims a lien which was denied by the court below for reasons which will appear. Plaintiff appeals.

Mrs. Gero, one of the defendants here, was co-owner with her husband. The court found that “there was no evidence that she…