J. C. Whritenour Co. v. Colonial Homes Co.

Jaycox, J.:

The plaintiff originally began this action simply to foreclose a mechanic’s lien, serving the ordinary complaint in such an action. Later it served an amended complaint in which it combined with allegations appropriate to an action to foreclose a mechanic’s lien, allegations in relation to damages which plaintiff claimed to have suffered because it was not permitted to complete its contract, and asked that it be adjudged that plaintiff have a lien for an amount greatly in excess of the amount claimed to be due the plaintiff in the notice of lien filed by it. The theory upon which…