Lance v. Slusher, Jr.

OPINION

By MATTHEWS, J.

This is an appeal on questions of law only from a judgment foreclosing a mechanic’s lien. Although the amount due was in dispute, the trial took place without a jury before Judge Charles S. Bell, while he was on the Common Pleas bench.

While the evidence shows much confusion in the conduct of the parties in the construction of the building, the written contract between the plaintiff and Harley J. Slusher, Jr., and his wife, shows that the plaintiff was the principal contractor and that he bound himself to construct the building upon a cost plus basis.

The building was not…