Lidral Construction Co., Inc. v. Parker

Steinert, J. —

This is an action to recover the balance alleged to be due upon a building contract, and to foreclose a contractor’s lien for the amount of such claim. A demurrer to plaintiff’s fourth amended complaint was sustained, and, plaintiff having elected to stand upon that pleading, the trial court entered judgment of dismissal of the action. Plaintiff appealed.

The question before us is whether or not the fourth amended complaint, hereinafter referred to simply as the complaint, stated a cause of action.

The allegations of the complaint will be set forth, in part, according to their…