Unit Sash & Sales Co. v. Early

The opinion of the court was delivered -by

Johnston, C. J.:

This was an action by a subcontractor to.enforce a mechanic’s lien for material furnished and work performed in the improvement of real property. A personal judgment against the principal contractor was rendered, but the lien claimed against the real property was refused. Plaintiff appeals.

It appears that Early & Bishop entered into a contract with Edwin Shelby to construct a business house on lots they owned in Cedar-vale. The Unit Sash and Sales Company, of Lincoln, Neb., contracted with Shelby to furnish the material for the front…