Preuhs v. Dibello

Opinion by

Arnold, J.,

Appellant, Preuhs, executed a written contract for the building of a dwelling house for DiBello. The latter did not pay therefor and appellant entered a mechanic’s lien.

DiBello moved to strike off the lien, averring a covenant of the written contract: “The contractor [Preuhs] . . ., covenants . . . that no mechanics’ claims or liens shall be filed or maintained . . . against the said buildings and . . . lots . . . for . . .any work done or materials furnished by him, [Preuhs] . . . under this contract.” Under this the lien would of necessity have to be stricken off. To…