Stone Arts, Inc. v. Dwyer

ALLEN, Acting Chief Judge.

This is an appeal from two orders, dated July 31, 1956 and August 14, 1956, granting two motions to dismiss a complaint in chancery to foreclose a mechanic’s lien by Stone Arts, Inc. against Thomas P. Dwyer and wife, Theresa A. Dwyer, and A. G. Stone. Plaintiff appeals, the parties being referred to herein as they stood before the lower court.

The complaint alleged a construction contract between Stone, the contractor, and defendants Dwyer, as owners, to do certain work on the property of the owners, for which the plaintiff furnished materials in the amount of $1,480.

T…