Atlantic Terra Cotta Co. v. Rubenfield Construction Corp.

In this action to foreclose a mechanic’s lien, the only question is whether defendants Young and Creamer are entitled to recover. They are lienors, and their hens, with others, were bonded, the defendant Eagle Indemnity Company being the surety. The surety contests the right of those two defendants to recover, because, although their answers were served upon the surety, they were not served upon the owner against whom those defendants had their claims.

The undertaking given to discharge the hens was eonditione ’ to pay any judgment that the henors might obtain against the property. The…