Matzinger v. Harvard Lumber Co.

The primary question presented is whether the defendant was a material man or subcontractor. It perfected its lien as a material man. It did not file with the owner an affidavit and certificate required of a contractor or subcontractor by the provisions of Section 8312, General Code.' Whether this lien was duly perfected, therefore, depends upon the determination of the question: Was the Harvard Lumber Company a material man or a subcontractor?

In one section of our Mechanic’s Lien Law (Section 8323-9, General Code), various terms therein employed are defined as follows:

“The words, ‘material…