Associated Wholesale Electric Co. v. S. H. Kress & Co.

GOULD, J., pro tem.

— Plaintiff furnished to defendant Bert L. Perry, Inc., a subcontractor, materials to be used in a building constructed for defendant S. H. Kress & Com*593pany, as owner, by defendant Clinton Construction Company, as general contractor. Defendant Perry failed to pay for such materials and was adjudicated a bankrupt. Plaintiff thereupon filed suit to foreclose his mechanic’s lien and recovered judgment of foreclosure against the property of defendant Kress, with the provision that should deficiency arise upon the sale on foreclosure, judgment for such deficiency should be…