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RENN v. DAVIDSON'S SOUTHPORT LUMBER CO., INC.

No. 1071A200.

300 N.E.2d 682 (1973)

William A. RENN and Peggy J. Renn, Appellants, v. DAVIDSON's SOUTHPORT LUMBER CO., INC., and John C. Adams d/b/a John Adams Plumbing and Excavating Co., Appellees.

Court of Appeals of Indiana, Second District.

August 30, 1973.

Attorney(s) appearing for the Case

Merrill Moores and David L. Millen, John L. Price, of Moores & Millen, Indianapolis, for appellants.

D. Reed Scism, of Roberts & Ryder, Leo L. Kriner, of Kriner & Harman, Indianapolis, for appellees.

WHITE, Judge.

Appellants, Mr. and Mrs. Renn (owners) hold title to a dwelling house newly constructed pursuant to their written contract with one Robert Viles d/b/a Rainbow Homes. Viles, who is not a party to this litigation, seems to have fathered it by failing to pay for building materials he purchased from appellee Davidson's Southport Lumber Co., Inc., (Lumber Co.). Lumber Co. filed a notice of mechanics lien against owners' property. Owners thereupon filed a...

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