Silverman v. Mazer Lumber & Supply Co.

SIMPSON, Justice.

This appeal, by the lessee of a store building in Birmingham, Alabama, questions the action of the circuit court in equity in overruling the demurrer to the bill as amended, wherein the appellee sought to establish a lien to secure the payment of an alleged balance due for the installation “of a year-round comfort air conditioning system” in the leased building, the installation allegedly having been done under a contract with lessee’s duly authorized agent.

The demurrer was to the bill as a whole and if the bill contains equity in any aspect, the demurrer was properly…