Vaughn v. Carlton

Opinion of the Court by

Judge Cammack

Affirming.

This action, was instituted by J. W. Carlton to enforce a mechanic’s lien for remodeling a home belonging to Mr. and Mrs. W. E. Vaughn. Both parties are appealing from a judgment awarding Carlton a substantial part of his claim. On the appeal the appellants are contending that the judgment is erroneous because (1) the court erred in overruling their demurrer to the petition; (2) there was a fatal variance between the pleadings and proof; and (3) the evidence does not support the judgment. On the other hand, Carlton insists that it was error for…