
    No. 349
    CUYAHOGA LUMBER CO. v. HABER
    Ohio Appeals, 8th Dist., Cuyahoga County
    No. 4744, 4755.
    Decided Feb. 20, 1924
    Chittenden, Kinkade and Richards, JJ., sitting
    •755. MECHANICS’ LIEN — Compliance with 8312 GC. held prerequisite to perfecting lien — Substantial compliance with mechanics’ lien law perfects lien — One furnishing fixtures under contract and also attaching same is a contractor rather than material man.
    Attorneys — Bulkley, Hauxhurst, Jamison & Sharp, for Lumber Co.; Morgenstern & Mor-genstern, Tills & Van Derveer, M. Webensky, D. B. Glick, W. W. Rosenzweig, J. Moldaver, and Ammerman & Thompson, for-Haber, all of Cleveland.
   CHITTENDEN, J.

Epitomized Opinion

Published Only in Ohio Law Abstract

This action was instituted in Cuyahoga Common Pleas for a determination of the validity and priority of mortgages, mechanics’ liens, and a judgment lien upon certain premises in Cuyahoga County. A Fixture Co., under a contract, furnished and hung the electric fixtures. The Court of Appeals held:

1. “Compliance with 8312 GC. is essential to the perfecting of a mechanics’ lien by a contractor.”

2. “Substantial compliance with the requirements of the mechanics’ lien law will perfect a good and valid mechanics’ lien.”

3. “A company which in accordance with the contract furnishes fixtures and also hangs them in place, is a contractor.”  