Schultz v. Hay

Appellee sought to recover for work and labor performed and materials furnished in the building of a house.

Appellant had contracted with one Hayman to build his house, for a certain sum; Hayman progressed with the work for some time and then abandoned it, and was fully paid for all that he had done.

This payment was made before any notice was given by appellee, under the act amendatory of the Mechanics’ Lien Law, approved April 5, 1869 (Sess. Laws, 1869, 255), that he would hold the building liable for his labor and materials.

The fair construction of this statute is, that the sub-contractor,…