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D. H. OVERMYER WAREHOUSE CO. v. SMITH

451 S.W.2d 668 (1970)

D. H. OVERMYER WAREHOUSE CO., et al., Appellants, v. Ray SMITH and Charles G. Sillman, d/b/a Smith & Sillman, Appellees.

Court of Appeals of Kentucky.

March 13, 1970.

Attorney(s) appearing for the Case

Thomas W. Bullitt, Richard W. Iler, Robert L. Baird, Bullitt, Dawson & Tarrant, Louisville, for appellant.

Robert L. Ackerson, Richard D. Remmers, Ackerson & Ackerson, Louisville, for appellees.

CLAY, Commissioner.

This suit was brought to enforce mechanics' liens against property owned by appellant D. H. Overmyer Warehouse Co. (hereinafter Overmyer). Ultimately it involved only appellants' claimed setoff of $2700 against the balance of $4070 owing to appellees. Appellees' claim was allowed and the setoff was denied.

Appellant Nixon was the general contractor for the construction of a warehouse for Overmyer. Appellees were masonry and concrete subcontractors...

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