Houser v. Childs (Gulf Oil Corp.)

Opinion by

Keller, P. J.,

Gu If Oil Corporation on May 29, 1936 entered into a contract with Fred W. Mark Contracting Co. for the construction of a service station. The contractor sublet the contract for the brickwork to George Houser, this plaintiff. Houser performed his contract between June 22, 1936 and September 22, 1936, but was not paid in full for his work. He filed a mechanic’s lien against the building and lot appurtenant, and issued this scire facias on the claim. Gulf Oil Corporation, the owner, defended on the ground that in its contract with Fred W. Mark Contracting Co., the…