Miller v. Thorpe

This action was brought by Thorpe and Davis against Perry as the owner, and Miller as the contractor, to enforce a mechanic’s lien. They were subcontractors, and sued to collect some two hundred and thirty-eight dollars due them for materials furnished and used in putting up the structure. The complaint charged that the contract was originally made with one Kiefer, from whom Miller acquired his interest, who subsequently became, by virtue of an assignment and an assumption of the contract with the consent of the owner the sole party interested. There was no controversy concerning the facts,…