Robinson Tile & Marble Co. v. Samuels

This litigation arises out of the construction of a store building for the appellant Sam-uels by the respondent Johnson.

Error is assigned upon the allowance of liens in favor of four materialmen and the lien of the contractor.(1) The lien allowed to the Van Doren Roofing & Cornice Co. is objected to for the reason that that company was a subcontractor and furnished materials, but sent no notice to the appellant of an intention to claim a lien. In order for a lien to be claimed for materials furnished, such a notice must be given the owner. Rem. Comp. Stat., § 1133 [P. C. § 9706]; Heim v.…