Clarage v. Palace Theatre Corp.

— Action by appellant to foreclose a mechanic’s lien. Appellee filed an answer alleging that appellee, as owner, and the contractor had entered into an agreement, wherein it was agreed that the contractor waived the right to a mechanic’s lien, and that this contract had been acknowledged and recorded. The theory of this answer is that, under the terms of that agreement, appellant was not entitled to a lien. The court overruled a demurrer to this answer, and, appellant refusing to plead further, judgment was rendered in favor of appellee.

The complaint alleges that in 1922, Alexander Lippman,…