Linder Hardware Co. v. Kelley

This is an action for the foreclosure of certain alleged materialmen’s liens for materials furnished defendants, which, it is alleged, were used in the work of improving certain real property. The complaint is in three counts and thus sets forth the alleged claims of three different alleged lien claimants, to wit: W. H. Wilbur (count one), J. M. Dye (count two) and B. S. Gurnee (count three). Each of said alleged lien claimants, so the complaint states, by an instrument in writing, assigned his alleged claim to the plaintiff here, “who is now the owner and holder thereof.” At the trial, the…