Scott Lumber Co. v. Wheeling Cemetery Ass'n

Woods, Judge:

This certificate involves the sufficiency of an amended bill filed by a contractor for purpose of subjecting the tract of land known as Wheeling Memorial Park, or so much thereof as may be necessary to satisfy an alleged mechanic’s lien, the circuit court having sustained a demurrer to such pleading.

It appears that on May 13, 1930, the Wheeling Cemetery Association, owner of four contiguous tracts (22.31 acres), known as Wheeling Memorial Park, entered into a contract with the plaintiff, The Scott Lumber Company, whereby the latter, upon a specified basis of settlement, agreed…