Renn v. Davidson's Southport Lumber Co., Inc.

Appellants, Mr. and Mrs. Renn (owners) hold title to a dwelling house newly constructed pursuant to their written contract with one Robert Viles d/b/a Rainbow Homes. Viles, who is not a party to this litigation, seems to have fathered it by failing to pay for building materials he pur chased from appellee Davidson’s Southport Lumber Co., Inc., (Lumber Co.). Lumber Co. filed a notice of mechanics lien against owners’ property. Owners thereupon filed a quiet title suit against Lumber Co.. Lumber Co. counterclaimed for foreclosure of the lien it claimed to hold. Owners moved for summary judgment…