Consol Builders & Supply Co. v. Ebens

Plaintiff appeals an order of the trial court granting defendants’ motion to dismiss his complaint for foreclosure of a mechanic’s lien because of res judicata. Defendants Allen Ebens and Dorothy L. Ebens were originally made parties as contract vendors of the real estate involved. Their interest terminated, and they were dismissed out of the action. The case proceeds against defendants Vincenzo L. Traína and Carol K. Traína.

On January 21, 1971, plaintiff, a building contractor, and defendant Vincenzo L. Traína entered into a written contract whereby plaintiff was to construct a residence for…