Wallich Lumber Co. v. Golds

This is a suit to determine the validity and priority of a materialman’s lien. On October 5, 1959, plaintiff began delivery of materials to the homesite of defendants Golds. On December 14, 1959, defendants Golds executed a mortgage with the Bank of Dearborn. The trial judge found that some time after April 20, 1960, plaintiff and defendants Golds entered into a written contract for the purchase of the materials which were being and had been supplied. The contract was predated “October 2, 1959.”

The last delivery of materials was on August 23, 1960. On August 31, 1960, plaintiff filed a claim…