Henning v. McAdam

Action to foreclose a mechanic’s lien in which plaintiff and other lien claimant parties had judgment, and defendants John Y. McAdam and Marion H. McAdam, husband and wife, appealed from an order denying a new trial.

The facts are in dispute in one important respect only. It appears that of date July 11, 1921, defendant John V. McAdam, the fee owner of the premises in question, entered into an executory contract to sell and convey the same to one Robinson, upon the terms and conditions of future performance specified in the contract, which was in writing. Robinson, a contractor and builder,…