Kerrin

The above action was brought by plaintiff corporation to foreclose a mechanic’s lien upon certain real property of which Gerald E. and Ethel V. Kerrin are the alleged owners, and to recover a personal judgment against Gerald E. Kerrin, who will be hereinafter referred to as the defendant.

The complaint alleged that the defendant, prior to April 15, 1926, began the erection of a dwelling-house and garage upon the property, and that between June 29, 1926, and December 14, 1926, the plaintiff sold to him certain building material to be used and which was used in the construction of the buildings mentioned; that the defendant promised to pay the reasonable value thereof, which was $1637.56, and that of this amount $729.87, and no more, had been paid. The complaint contained further allegations to the effect that a claim of lien for the amount unpaid was filed in accordance with the statute, and that the property was necessary for the convenient use and occupation of the buildings for the erection of which the materials were furnished. Other defendants, who were alleged to have or claim an interest in the property, were joined, and the complaint concluded with the following…