Liberty Plan Co. v. Francis T. Smith Lumber Co.

HALLEY, Justice.

Francis T. Smith Lumber Company, a corporation, instituted this action to foreclose its materialman’s lien upon certain premises owned by the Liberty Plan Company, an express trust. From a judgment for the plaintiff, the defendant has appealed. The parties will be given their designation below.

Three principal contentions advanced for reversal are: (a) there was a fatal variance between plaintiff’s pleadings and proof; (b) plaintiff failed to prove that notice of filing its lien statement was given to defendant; (c) plaintiff’s lien statement was not filed within 90 days from…