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LENHART v. GRACE CONST. & SUPPLY CO.

No. 17,864.

120 Ind. App. 41 (1950)

89 N.E.2d 627

LENHART v. GRACE CONSTRUCTION & SUPPLY COMPANY ET AL.

Court of Appeals of Indiana.

Filed January 20, 1950.

Attorney(s) appearing for the Case

Frankenstein & Frankenstein, of Fort Wayne, for appellant.

Barrett, Barrett & McNagny, of Fort Wayne, for appellee.

WILTROUT, J.

Appellant seeks to foreclose a materialman's lien.

The appellee Grace Construction and Supply Company, owner of the real estate involved, entered into a building and no-lien contract with appellee Zwahlen, Inc., whereby the latter was to construct a residence and garage for the former "in accordance with the plans and specifications furnished by said Owner, which are hereby made a part of this contract." Zwahlen, Inc. agreed to furnish all labor...

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