Lumber Mart Co. v. Buchanan

Langenbach, J. †

This is an action by respondent to obtain a judgment for materials furnished in construction of a building and to foreclose a materialman’s lien. Appellants denied the allegations and cross-claimed for wages paid. From a judgment of foreclosure, appellants have appealed.

In July, 1962, appellants leased certain premises, containing a dance hall, for a 3-year term to one McFerran for recreational-business purposes. In September, 1962, McFerran contemplated building, at his own expense, an ice arena by remodeling and adding to the dance hall. The appellants acquiesced in this…