Pesson Plumbing & Heating Co. v. Hammonds

TATE, Judge.

This is a suit by a plumbing firm to secure a monied judgment and recognition of its lien in connection with construction improvements made by it pursuant to a written contract with the defendant Hammonds. Joined as codefendant is the present owner of the tract upon which the plaintiff constructed the improvements.

The trial court dismissed the suit. It held that the plaintiff contractor had agreed to accept a certain subdivision lot in full payment for the plumbing work and that the defendant Hammonds had tendered and was tendering a merchantable title to this lot, which thus had…