Netting Co. v. Berke

Plaintiff seeks to enforce a lien for work done and materials furnished in the construction of a building of which the defendant Berke was the contractor and the defendant Elson the owner. It omitted to serve upon the owner the notice required by section 14796, 3 Comp. Laws 1915. The original contractor, however, filed statement under oath, giving the name of the plaintiff as a subcontractor and the amount due it. It was held in Smalley v. Ashland Brown-Stone Co., 114 Mich. 104, that the notice thus given to the owner was sufficient to support the claim of lien. See, also, Blitz v. Fields,…