Lee v. Hill

1. The issue in this case was made by the filing of a counter-affidavit to the foreclosure of a laborer’s lien. Upon the trial the evidence demanded a finding (1) that the plaintiff was not a “ laborer ” within the meaning of the statute, and that he made the contract with the defendant in the capacity of a contractor and not in the capacity of a laborer; and (2) that the contract had not been completed prior to the foreclosure of the lien. The verdict in favor of the plaintiff was therefore contrary to law and the evidence, and the court erred in overruling the defendant’s motion for a new…