Clement, Et Ux. v. Pensacola Builders Supply Co.

In the order of the chancellor from which' this appeal is taken he found that the bill of complaint “as Amended by the bill of particulars” showed a- waiver by. defendants of the provisions of a contract requiring a final certificate of an .architect as a condition precedent to the institution of the suit to foreclose a contractor’s lien, and consequently denied the motion to dismiss the bill.

From the pleadings which the chancellor mentioned’in his order the following allegations and statements appear: Appellants employed appellee to construct a dwelling house' and to furnish all material and…