Richmond Sanitary Co. v. Franklin

From an order granting a nonsuit in favor of the owner in an action to foreclose a mechanic’s lien the plaintiff has appealed.

As stated in the plaintiff’s opening brief and conceded in defendant’s brief, the appeal involves only one question, which is: “. . . whether or not there is a material variance between the pleading of the contract and the proof thereof and also whether or not there is a material variance between the contract set up in the notice of lien and the contract attempted to be proven at the trial”. However, the defendant adverts to the fact that there was no proof that the…