Davidson v. Clearman

GRIFFIN, Justice.

This is a suit by respondent Clearman, as plaintiff, against petitioners John L. Davidson and wife, as defendants, to recover on a mechanic’s and materialman’s contract and the note given by the David-sons to Clearman to pay for the erection of a house on property belonging to the Davidsons. Clearman’s pleadings on which he went to trial declared upon the written contract and note. During the course of the trial, Clearman was permitted to file a trial amendment in which, in the alternative, he sought to recover on quantum mer-uit. No homestead question has been raised nor did…