J. G. Justis Co. v. Spicer

Citations

• 28 Del. 534
• 5 Boyce 534
• 95 A. 239
• 1915 Del. LEXIS 44

Syllabus

<p>Mechanics’ Liens—Right to Lien—Existence of Contract—“Contractor”.</p> <p>Rev. Code of 1915, § 2843, par. 1, provides for a materialman’s lien for material furnished in the erection or alteration of any house or building in pursuance of any contract with the owners thereof, or with any contractor who shall have contracted for its erection. An insured building was injured by fire, and the insurance company undertook its repair at its own expense. The insurance company employed a contractor to make the repairs, and in the course of such repairs plaintiff furnished certain materials. Held, that the insurance company was not a “contractor,” within the statute, and that therefore the materialman could not file a mechanic's lien thereunder.</p>