Diamond Match Co. v. Silberstein

This is a consolidated action under the Mechanics’ Lien Law to enforce liens for material and labor against land and the building thereon owned by defendant and appellant Silberstein. Prom the judgment and from the order denying his motion for a new trial Silberstein appeals.

• Defendant had entered into a valid contract with an original contractor, the Burnight-Kennedy Company, for the erection of a building upon his land for the contract price of forty-one thousand five hundred dollars. By the terms of the contract progress payments in the sum of two thousand dollars each, representing…