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E. R. WIGGINS BUILDERS SUPPLIES v. SMITH

No. 1306.

149 A.2d 360 (1959)

E. R. WIGGINS BUILDERS SUPPLIES, Inc. v. Robert E. SMITH and Irene Smith.

Supreme Court of Vermont. Windsor.

March 4, 1959.

Attorney(s) appearing for the Case

R. Lawlor Cooper, Springfield, for plaintiff.

Black & Plante, White River Jct., for defendant.

Before CLEARY, C. J., and ADAMS, HULBURD, HOLDEN, and SHANGRAW, JJ.

SHANGRAW, Justice.

This is an action brought by the plaintiff, pursuant to the provisions of V.S. 47, § 2757 on a lien claimed by it for materials sold and delivered to Moses Benjamin, a contractor employed by the defendants to build a house on a lot owned by the defendants in Wilder, Vermont, as tenants by the entirety. The defendants entered their special appearance and seasonably filed a motion to dismiss. The motion was granted, case dismissed, and exceptions...

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